Posted inCourt of Protection Issue 16

A rare finding of outcome and process irrationality in care provision

A rare finding of outcome and process irrationality in care provision Leo Kirby R (WND by his litigation friend WSA) v NHS West and North London Integrated Care Board (London Borough of Haringey, Interested Party) [2026] EWHC 2356 (Admin) Integrated Care Boards (“ICBs”) make evaluative judgements about clinical and care…
Posted inCourt of Protection, Issue 16Tags: ,
Posted inIssue 16 Public

Discrimination in prison medication dispensing – objective justification and an unjustified failure to think about it

Discrimination in prison medication dispensing – objective justification and an unjustified failure to think about it Lance Baynham Birmingham Community Healthcare NHS Trust v Ibrahim [2026] EWHC 2468 (KB) In Ibrahim, Mr Justice Soole upheld a Judge’s decision that the Defendant Trust had breached the Claimant’s rights under Article 14…
Posted inIssue 16, PublicTags: ,
Posted inClinical Negligence Issue 16

Fatals claim barred by lifetime settlement

Fatals claim barred by lifetime settlement Josephine Lunnon Ritchie v Royal Wolverhampton NHS Trust [2026] EWCC 50 Introduction Ritchie v Royal Wolverhampton NHS Trust [2026] EWCC 50 concerned the effect of a lifetime settlement on a subsequent claim under the Fatal Accidents Act 1976 (‘FAA’) against a concurrent tortfeasor. HHJ…
Posted inClinical Negligence, Issue 16Tags:
Posted inClinical Negligence Issue 16

Lessons for claimants in a difficult quantum assessment case for a severely damaged claimant

Lessons for claimants in a difficult quantum assessment case for a severely damaged claimant Lizanne Gumbel KC and Samuel Talalay JBX v Frimley Health NHS Foundation Trust [2026] EWHC 2294 (KB) The judgment in JBX – handed down on 4 September 2026 by Andrew Kinnier KC, sitting as a Deputy…
Posted inClinical Negligence, Issue 16Tags:
Posted inClinical Negligence Issue 16

Material Contribution and Covid-19

Material Contribution and Covid-19 Matthew Leitch Rehman v Secretary of State for Health and Social Care & Ors [2026] EWHC 6 (KB) Introduction In Rehman, Master Davison considered applications by the Defendants to strike out twenty-three claims arising from deaths in care homes from Covid-19 during the pandemic. The claims…
Posted inClinical Negligence, Issue 16Tags: ,
Posted inIssue 16 Personal injury

When does a dependency claim under the Fatal Accidents Act 1976 end?

When does a dependency claim under the Fatal Accidents Act 1976 end? Leo Kirby Eileen Roberts (as the widow and administrator of the estate of Dennis Roberts, deceased) v Ford Motor Company Ltd [2026] EWHC 1787 (KB) In Roberts v Ford Motor Company Ltd, HHJ Tindal (sitting as a High…
Posted inIssue 16, Personal injuryTags: ,
Posted inClinical Negligence Issue 16

The Nottingham Ockenden report (2026): Key findings and implications for clinical negligence practitioners

The Nottingham Ockenden report (2026): Key findings and implications for clinical negligence practitioners Marcus Coates-Walker & Robert Mills THE NOTTINGHAM OCKENDEN REPORT (2026) Background On 24 June 2026, Donna Ockenden published her report into maternity and neonatal services at Nottingham University Hospitals NHS Trust (NUH). It is the largest maternity…
Posted inClinical Negligence, Issue 16Tags: , ,
Posted inClinical Negligence Issue 16

Scientifically uncertain – probability and causation in clinical negligence

Scientifically uncertain – probability and causation in clinical negligence Dominic Ruck Keene Alexander v HCA International Ltd and Dr David Reffitt [2026] EWHC 1284 (KB) The use and misuse of statistics in clinical negligence is a perennial topic, which is not surprising given that experts and lawyers must attempt to…
Posted inClinical Negligence, Issue 16Tags: , , ,
Posted inCourt of Protection Issue 16

A new era for detention in care: Cheshire West overturned

A new era for detention in care: Cheshire West overturned Anogika Souresh & Esme Cairns A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2026] UKSC 16 (“A Reference”) The Supreme Court has handed down a unanimous…
Posted inCourt of Protection, Issue 16Tags:
Posted inClinical Negligence Issue 16

Secondary victims: once again the Court declines to distinguish Paul

Secondary victims: once again the Court declines to distinguish Paul Judith Rogerson (1) BJS (By His Mother & Litigation Friend SXS) (2) SXS v (1) Cumbria, Northumberland, Tyne & Wear NHS Foundation Trust (2) North Cumbria Integrated Care NHS Foundation Trust (unreported) In BJS, a claim where a mother (the…
Posted inClinical Negligence, Issue 16Tags: , ,