Posted inClinical negligence Issue 13 Personal injury

Who gets to go to theatre for urgent surgery first?

Matthew Donmall Middleton v Frimley Health NHS Foundation Trust [2022] EWHC 2981 (KB) Deputy High Court Judge Jonathan Glasson KC heard this case concerning the timing of revascularisation surgery at Frimley Park Hospital, and whether it was mandatory for the Claimant to be operated on within 6 hours of the…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injuryTags:
Posted inClinical negligence Issue 13 Personal injury

High Court Finds Long Waiting Times for Trans Healthcare are Lawful

R. (on the application of AA (A Child)) v National Health Service Commissioning Board (NHS England) [2023] EWHC 43 (Admin) Background The demand for young people receiving gender identity development services (‘GIDS’) and for adults receiving gender identity disorder services (also, helpfully, ‘GIDS’) has increased substantially from 2012 to 2017,…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injuryTags:
Posted inClinical negligence Issue 13 Personal injury

Departing from Guidelines and Balancing of Risks in Different Medical Settings

Mrs Marion O'Brien (Administratrix of the Estate of Mr John Berry (Deceased)) v Guy's & St Thomas' NHS Trust [2022] EWHC 2735 (KB) At [99] HHJ Tindal (sitting as a Judge of the High Court) summarises aptly that “this case turns not on debates about causation – or indeed the…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injuryTags:
Posted inClinical negligence Issue 13 Personal injury

Cancer and Contributory Negligence: Who is the Objectively Reasonable Patient?

Otu v Vivek Datta [2022] EWHC 2388 (KB) When will a patient be partly at fault for not following up when their doctor negligently fails to arrange an appointment? That was the question asked of the High Court in Otu v Datta, a case concerning the death of the Claimant’s…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injuryTags: , ,
Posted inClinical negligence Issue 13 Personal injury

Consent and Factual Causation – Two Recent Cases

Watts v North Bristol NHS Trust [2022] EWHC 2048 (QB) Snow v Royal United Hospitals Bath NHS Foundation Trust [2023] EWHC 42 (KB) Two cases from the past year illustrate the importance of factual causation as an issue in litigation concerning consent to treatment and provide various reminders on points…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injury
Posted inClinical negligence Issue 13 Personal injury

Montgomery and Material Contribution

CNZ v Royal Bath Hospitals NHS Foundation Trust and (2) Secretary of State for Health and Social Care Background In January 2023, Mr Justice Ritchie handed down an important decision dealing with Montgomery and causation in birth injury claims. The relevant findings of fact: The Claimant was born in a…
July 18, 2023Posted inClinical negligence, Issue 13, Personal injury
Posted inIssue 12 Personal injury

Tax on an Award of Damages

Manuel Mathieu v Tony Martin Hinds, Aviva Plc [2022] EWHC 924 (QB) Background The Claimant was injured when he was aged 29. At the time of his injury he was  studying for a Masters’ degree in Fine Art at Goldsmiths College, London. He was crossing a road in Lewisham at…
May 2, 2023Posted inIssue 12, Personal injuryTags:
Posted inIssue 11 Personal injury

Jockeys and Negligence

Tylicki v Gibbons [2021] EWHC 3470 (QB) Introduction The Claimant and the Defendant were professional flat-racing jockeys. Tylicki alleged that Gibbons’ negligent riding on the all-weather track at Kempton in October 2016 caused his horse to trip and fall leaving him a T4 AIS complete paraplegic. Following a 5-day hearing…
May 24, 2022Posted inIssue 11, Personal injuryTags:
Posted inIssue 11 Personal injury

Vicarious and Direct Liability for Horseplay

Chell v Tarmac Cement and Lime Limited [2022] EWCA Civ 7 The Facts The Claimant was employed as a site fitter for Roltech Engineering Ltd who contracted his services out to Tarmac Cement and Lime Ltd. Tensions arose with Tarmac’s own fitters and the Claimant spoke to his supervisor about…
May 24, 2022Posted inIssue 11, Personal injuryTags:
Posted inIssue 9 Personal injury Procedural Quantum

Proving the Dream – Evidencing Claims for Future Loss of Earnings as a Professional Footballer

TVZ v Manchester City Football Club Ltd [2021] EWHC 1179 (QB) Swansea City AFC v Owen [2021] EWHC 1539 (QB) Introduction Two recent cases highlight contrasting approaches by claimants to proving the level of earnings they could have expected to receive as professional footballers, but a generous approach by the…
July 5, 2021Posted inIssue 9, Personal injury, Procedural, QuantumTags: