Posted inClinical Negligence Personal injury Quantum

The Supreme Court Allows Lost Years Claims for Children in CCC

The Supreme Court Allows Lost Years Claims for Children in CCC Lizanne Gumbel KC and Rajkiran Arhestey CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 Introduction The Supreme Court has finally provided the answer to a question which has vexed many clinical negligence practitioners, particularly those who…
Posted inClinical Negligence, Personal injury, Quantum
Posted inIssue 15 Personal injury

Fundamental Dishonesty and the Role of Experts

Fundamental Dishonesty and The Role of Experts Matthew Leitch O’Connell v Ministry of Defence [2025] EWHC 2301 (KB) In O’Connell, Christopher Kennedy KC, sitting as a Deputy High Court Judge, dismissed claims in negligence and under the Animals Act 1971 brought by a former gunner in the Royal Horse Artillery.…
Posted inIssue 15, Personal injuryTags:
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…
Posted 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,…
Posted 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…
Posted 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…
Posted 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…
Posted 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…
Posted inClinical Negligence, Issue 13, Personal injury