Some Procedural Issues in Brief

Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 (QB) Cherian v Cambridge University Hospitals NHS Foundation Trust [2020] EWHC 3601 (QB) Taleb (A Child Proceeding by His Litigation Friend M) v Imperial College Healthcare NHS Trust [2020] EWHC 1147 (QB) When can an expert in one…

“What’s In a Name?” Revisited

Jones v Ministry of Defence [2020] EWHC 1603 (QB)  This article originally appeared in Issue 6 (September 2020). Those who practise in the field of serious personal injury and clinical negligence will be very familiar with the principles that govern the grant of anonymity orders. The leading authority is JXMX…

Private International Law and Clinical Negligence

Roberts v Soldiers, Sailors, Airmen and Families Association [2020] EWHC 994  This article originally appeared in Issue 6 (September 2020). The High Court decided two preliminary issues of private international law in a claim alleging negligence of a midwife resulting in acute profound hypoxic brain injury at a hospital in…

A Lack of Expert Evidence: When to Strike Out?

Quaatey v Guy's & St Thomas' NHS Foundation Trust [2020] EWHC 1296 (QB)  Magee v Willmott [2020] EWHC 1378 (QB)  This article originally appeared in Issue 6 (September 2020). Introduction  “I eventually became proud of my strikeouts, because each one represented another learning experience.” – Willie Stargell, World Series Major League…

Application for Permission to Amend a Statement of Case

Pearce v East and North Hertfordshire NHS Trust [2020] EWHC 1504 (QB)  This article originally appeared in Issue 6 (September 2020). In a succinct judgment from Lambert J, the High Court has provided a useful summary of the court’s approach to applications for permission to amend a statement of case. …

When Side-Stepping the Agreed Contractual Disciplinary Procedure will be in Breach of Contract

Smo v Hywel Dda University Health Board [2020] EWHC 727  This article originally appeared in Issue 5 (May 2020). The Claimant, a consultant colorectal surgeon, was subject to disciplinary proceedings in respect of conduct and his approach to clinical practice pursuant to "Upholding Professional Standards in Wales" (UPSW) closely modelled…

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…