Posted inClinical negligence Issue 5

Causation – No Need to Prove a Specific Mechanism?

Schembri v Marshall [2020] EWCA Civ 358  This article originally appeared in Issue 5 (May 2020). Somewhat surprisingly, the Court of Appeal has upheld the controversial judgment of Stewart J (covered in Issue 3) that the Claimant’s wife would not have died if she had been referred to hospital, despite…
May 1, 2020Posted inClinical negligence, Issue 5Tags:
Posted inAbuse/Child Abuse Issue 5 Personal injury

Vicarious Liability – Is It Still ‘On The Move’?

WM Morrison Supermarket plc v Various Claimants [2020] UKSC 12  Barclays Bank plc v Various Claimants [2020] UKSC 13  This article originally appeared in Issue 5 (May 2020). These parallel judgments, handed down on the same day by the Supreme Court, clarify the two stage approach to determining whether an…
May 1, 2020Posted inAbuse/Child Abuse, Issue 5, Personal injuryTags:
Posted inCourt of Protection Issue 5

Contingent Declarations and Caesarean Sections

Guys and St Thomas' NHS Foundation Trust v R [2020] EWCOP 4  This article originally appeared in Issue 5 (May 2020). The Court of Protection made a contingent declaration allowing for a caesarean section to take place in the event of a patient losing capacity in the midst of labour. …
May 1, 2020Posted inCourt of Protection, Issue 5Tags:
Posted inCourt of Protection Issue 5

Application to Discharge a Nursing Care Home Resident

AG v AM [2019] EWCOP 59  This article originally appeared in Issue 5 (May 2020). The court considered an application by the wife of a man with substantial and complex care needs to for him to be discharged from a specialist nursing facility in order to live and receive care…
May 1, 2020Posted inCourt of Protection, Issue 5Tags: ,
Posted inClinical negligence Costs Court of Protection Inquests Issue 5 Personal injury Procedural Public Quantum Regulatory

In Brief – May 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 5, May 2020. M (Declaration of Death of Child) [2020] EWCA Civ 164 – Issue was whether the child, Midrar, was legally dead…
May 1, 2020Posted inClinical negligence, Costs, Court of Protection, Inquests, Issue 5, Personal injury, Procedural, Public, Quantum, RegulatoryTags: