Posted inIssue 4 Public

Eligibility of Non-UK Residents for NHS Care

R (Johnson) v Royal Free London NHS Foundation Trust [2019] EWHC 1143 (Admin)  This article originally appeared in Issue 4 (March 2020). Background  The Claimant was seriously ill with cancer, for which she was receiving medical treatment, most recently a cycle of palliative chemotherapy infusions. The “overseas visitors team” at…
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Posted inIssue 4 Public

Legitimate Expectations of an Ombudsman’s Inquiry

R (Morris) v Parliamentary and Health Service Ombudsman [2019] EWHC 1603 (Admin)  This article originally appeared in Issue 4 (March 2020). The Claimant unsuccessfully sought to judicially review the Ombudsman’s report responding to her complaint against a hospital Trust for misplacing records relating to the death of her daughter in…
Posted inIssue 4, Public
Posted inCosts Issue 4

QOCS and Mixed Claims

Brown v Commissioner of Police for the Metropolis [2019] EWCA 1724  This article originally appeared in Issue 4 (March 2020). The Court of Appeal has clarified that if proceedings involve a claim for damages for personal injury together with a non-personal injury claim, the costs protection under the qualified one-way…
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Posted inAbuse / Child Abuse Clinical Negligence Costs Court of Protection Inquests Issue 4 Procedural Quantum Regulatory

In Brief – March 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 4, March 2020. Attorney General of St Helena v AB and others (St Helena) [2020] UKPC 1 – Privy Council decision considering whether…
Posted inAbuse / Child Abuse, Clinical Negligence, Costs, Court of Protection, Inquests, Issue 4, Procedural, Quantum, RegulatoryTags:
Posted inIssue 4 Public

Judicial Review and Reconfiguration

R (Nettleship) v (1) NHS South Tyneside Clinical Commissioning Group (2) NHS Sunderland Clinical Commissioning Group [2020] EWCA Civ 46  This article originally appeared in Issue 4 (March 2020). This was a judicial review of a hospital reconfiguration decision following a consultation by the Clinical Commissioning Group (“CCG”). The appellant…
Posted inIssue 4, Public
Posted inClinical Negligence Issue 3

Wrongful Birth

Mordel v Royal Berkshire NHS Foundation Trust [2019] EWHC 2591 (QB)  This article originally appeared in Issue 3 (November 2019). The Claimant succeeded in establishing liability in this unusual wrongful birth claim before Mr Justice Jay.  Background  She alleged that the Defendant’s failure to carry out screening for Down’s syndrome…
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Posted inIssue 3 Procedural

Interim Injunctions and Disciplinary Proceedings

Smo v Hywel Dda University Health Board [2019] EWHC 1973 (QB) This article originally appeared in Issue 3 (November 2019). The High Court granted an interim injunction to a consultant colorectal surgeon facing disciplinary proceedings as a result of allegations about his capability and conduct.  Background  Suspended since 2016 pending…
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