Posted inClinical negligence Issue 9

Supreme Court Revisits Wrongful Birth Claims

Khan v Meadows [2021] UKSC 21 In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in 'wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment.…
July 28, 2021Posted inClinical negligence, Issue 9Tags: ,
Posted inIssue 9 Public

Parental Consent and Puberty Blockers: the fall out from Bell

AB v CD & Ors [2021] EWHC 741 (Fam) In the last issue of QMLR this author considered the High Court’s decision in Bell v Tavistock, which concerned whether children were capable of consenting to puberty blockers (“PBs”) as treatment for gender dysphoria. A three-judge panel in the Divisional Court…
July 5, 2021Posted inIssue 9, PublicTags: ,
Posted inIssue 9 Public

The Vaccine Damages Payment Scheme

As of 26 July 2021, over 83.8 million vaccines against coronavirus have been given in the UK. Vaccination is continuing at a rate of around 205,000 doses per day. But what can a person do if they suffer a severe disablement due to their vaccine? Since 31 December 2020, one…
July 5, 2021Posted inIssue 9, PublicTags:
Posted inAbuse/Child Abuse Issue 9

Councils, Privately Run Care Homes and Vicarious Liability

SKX v Manchester City Council [2021] EWHC 782 (QB) In The Catholic Child Welfare Society and others v Various Claimants [2012] UKSC 56, Lord Phillips set out that two stages are to be addressed in establishing whether a party may be vicariously liable for the torts of another: Is the…
July 5, 2021Posted inAbuse/Child Abuse, Issue 9Tags:
Posted inAbuse/Child Abuse Issue 9

The Court of Appeal Considers Vicarious Liability

The Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356 In an important contribution to the law on vicarious liability, the Court of Appeal has considered an appeal against a decision of Mr Justice Chamberlain, discussed in QMLR by Charlotte Gilmartin here. In that decision,…
July 5, 2021Posted inAbuse/Child Abuse, Issue 9Tags:
Posted inInquests Issue 9

A Fresh Inquest – Necessary or Desirable?

HM Senior Coroner for Gwent, Re Inquest into the Death of Vaughn, Re [2020] EWHC 3670 (Admin) A fresh inquest was ordered by the High Court in circumstances where the Deputy Coroner had been unaware of the presence of a suicide note which later came to light. Facts In April…
July 5, 2021Posted inInquests, Issue 9Tags:
Posted inInquests Inquiries Issue 9

The Justice Committee Report into the Coroners Service – is a long overdue overhaul in the offing?

The House of Commons Justice Committee – The Coroner Service – First Report of Session 2021-2022 On 27 May 2021, following an inquiry into the effectiveness and capacity of the Coroner Service in England and Wales, the House of Commons Justice Committee published a report calling for a number of…
July 5, 2021Posted inInquests, Inquiries, Issue 9
Posted inInquests Issue 9

Testing the Boundaries of Causation in Mesothelioma Deaths

Wandsworth BC v HMC for Inner West London [2021] EWHC 801 (Admin) Mesothelioma deaths arising from asbestos regularly come before coroners. This case, though, is of particular interest because it tests the boundaries of causation in relation to mesothelioma deaths – what evidence is needed to show that asbestos exposure led…
July 5, 2021Posted inInquests, Issue 9Tags:
Posted inIssue 9 Regulatory

Dishonesty and Denial

Towuaghantse v GMC [2021] EWHC 681 (Admin) Al Nageim v General Medical Council [2021] EWHC 877 (Admin) The steady stream of appeals to the High Court from the Medical Practitioners Tribunal (“MPT”) against findings of dishonesty shows no sign of abating. Two recent cases have produced and illustrated guidance suggesting…
July 5, 2021Posted inIssue 9, RegulatoryTags: ,
Posted inIssue 9 Regulatory

A Review of Recent Regulatory Decisions

R (on the application of Young) v General Medical Council [2021] EWHC 534 (Admin) Haris v General Medical Council [2021] EWCA Civ 763 Bux v General Medical Council [2021] EWHC 762 (Admin) Gupta v Northampton Hospital Trust [2021] EWHC 965 (QB) During the pandemic, the public’s gratitude to the medical…
July 5, 2021Posted inIssue 9, RegulatoryTags: