Posted inIssue 16 Regulatory

Regulatory sanctions on appeal: Court of Appeal upholds suspension for surgeon

Regulatory sanctions on appeal: Court of Appeal upholds suspension for surgeon Leo Kirby General Medical Council v Gilbert & Professional Standards Authority [2026] EWCA Civ 53 Both the General Medical Council (“GMC”) and the Professional Standards Authority (“PSA”) appealed decisions of a Medical Practitioners Tribunal (“MPT”) and the High Court…
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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 inClinical Negligence Issue 16

Part 36 costs consequences and liability-only offers: a key development

Part 36 costs consequences and liability-only offers: a key development Josephine Lunnon Smithstone v Tranmoor Primary School [2026] EWCA Civ 13 In Smithstone, the Court of Appeal addressed a key point of principle and uncertainty concerning cost consequences for liability-only Part 36 offers and marked a significant development for practitioners.…
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Posted inClinical Negligence Issue 16

Three lessons from ex-footballer’s successful clinical negligence claim

Three lessons from ex-footballer’s successful clinical negligence claim Samuel Talalay Ebanks-Blake v Calder [2025] EWHC 3327 (KB) Introduction As temperatures dropped and trees went up in the days before Christmas, judgment was handed down in the case of Ebanks-Blake v Calder. Mrs Justice Lambert’s decision in the Claimant’s favour, circulated…
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Posted inClinical Negligence Issue 16 Regulatory

Regulatory proceedings: reliance on hearsay evidence from deceased complainant

Regulatory proceedings: reliance on hearsay evidence from deceased complainant Leanne Woods Dr Siong Lee v General Medical Council [2025] EWHC 3347 (Admin) The Appellant, Dr Lee, was a GP. The Medical Practitioners Tribunal (‘MPT’) found that he had dishonestly falsified Patient A’s medical records on three separate occasions. As would…
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Posted inClinical Negligence Issue 16

Facing down extortion: NHS trusts and healthcare data

Facing down extortion: NHS trusts and healthcare data Leo Kirby Barts Health NHS Trust v Persons Unknown [2025] EWHC 3230 (KB) This judgment of Cavanagh J, sitting as the interim applications and Out-of-Hours judge on 8 December 2025, illustrates the circumstances where a court will grant a without-notice pre-action application…
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Posted inClinical Negligence Issue 16

Birth injuries and expert evidence

Birth injuries and expert evidence Elizabeth-Anne Gumbel KC OAJ By His Mother and Litigation Friend CFT v Dorset County Hospitals NHS Foundation Trust [2025] EWHC 3345 This is the third birth damage case in just over 3 years in which Mr Justice Ritchie has been the trial Judge. The other…
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Posted inClinical Negligence Issue 16 Regulatory

National Commission calls for evidence on the regulation of AI in healthcare

National Commission calls for evidence on the regulation of AI in healthcare Robert Kellar KC AI is set to transform and disrupt the way in which healthcare is delivered.  The Government’s 10-year health plan for England commits the NHS to becoming “the most AI-enabled healthcare system in the world”, supported…
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Posted inClinical Negligence Issue 15

Establishing the facts in the face of silence and uncertainty

Establishing the facts in the face of silence and uncertainty Leo Kirby Shaheen & Ahmed (Estate of Ajaz Ahmed) v Daish [2025] EWHC 3056 (KB) This case shows how claimants can convince the court that their version of the facts is right despite the contemporaneous record being silent and neither…
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