Posted inClinical Negligence Issue 16

Risk assessment, the HTT and bed availability: causation in a tragic mental-health claim

Risk assessment, the HTT and bed availability: causation in a tragic mental-health claim Robert Mills Ridge v Dorset Healthcare University NHS Foundation Trust [2026] EWHC 898 (KB) In a judgment handed down on 17 April 2026, Edmund Burge KC (sitting as a Deputy Judge of the High Court) dismissed a…
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Posted inInquests Issue 16

The Court of Appeal rejects the premature restriction of scope in domestic abuse inquest

The Court of Appeal rejects the premature restriction of scope in domestic abuse inquest Leo Kirby R (on the application of O’Brien) v HM Assistant Coroner for Sefton, Knowsley and St Helens [2026] EWCA Civ 499 Introduction The Court of Appeal (Newey, Edis and Whipple LJJs) has allowed the appeal…
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Posted inInquests Issue 16

Suicide and the inference of intent

Suicide and the inference of intent Rory Badenoch Toogood v HM Senior Coroner for the Area of Somerset [2026] EWHC 634 (Admin) Introduction In this case the Divisional Court set out useful guidance on the legal framework for determining / inferring suicidal intent in circumstances in which there is no…
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Posted inClinical Negligence Issue 16

LXLP: The role of clinical guidance and whether ‘risk reduction’ is sufficient to prove causation

LXLP: The role of clinical guidance and whether ‘risk reduction’ is sufficient to prove causation Marcus Coates-Walker LXLP v St George’s University Hospitals NHS Foundation Trust [2026] EWHC 560 (KB)  Summary In what context should breach of duty be assessed where national medical guidance is inconsistent with the Defendant’s local hospital…
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Posted inClinical Negligence Issue 16

Provisional damages – failure and success in one case

Provisional damages – failure and success in one case Richard Smith In Lynch v Princess Alexandra Hospital [2026] EWHC 657 (KB) Mrs Justice Ellenbogen provided a very useful distillation of the law relating to claims for provisional damages, as well as an example of the careful application of that law…
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Posted inInquiries Issue 16

Maternity report

Maternity report Jo Moore & Amelia Williams On 26 February 2026, Baroness Amos published her Interim Report as Chair of the independent National Maternity and Neonatal Investigation. The Investigation was set up in June 2025 to drive urgent improvements in patient care and safety. Evidence has been gathered via engagement…
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Posted inClinical Negligence Issue 16

The application of Paul – strike out of a secondary victim claim in clinical negligence case

The application of Paul – strike out of a secondary victim claim in clinical negligence case Richard Smith MIM v Sheffield Teaching Hospitals NHS Foundation Trust [2026] EWHC 562 (KB) (17 March 2026) This case appears to be the first reported determination of a claim seeking damages as a Secondary…
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Posted inClinical Negligence Issue 16

Permission granted to withdraw an admission made pre-action and in the defence

Permission granted to withdraw an admission made pre-action and in the defence Richard Smith Ramsdale v Ditta and others [2026] EWHC 544 (KB) In this case the Claimant seeks damages against a number of Defendants alleging failures of diagnosis and management of chronic rhinosinusitis. He saw a number of medical…
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Posted inIssue 16 Public

Collective nouns and confusion in the Court of Appeal

Collective nouns and confusion in the Court of Appeal Jasper Gold R (British Medical Association) v General Medical Council & Ors [2026] EWCA Civ 143 Introduction In recent years, there has been much controversy over the increased use of physician (and anaesthetic) associates (referred to together as associates in this…
Posted inIssue 16, Public