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…
Posted inClinical Negligence, Issue 16, RegulatoryTags: , ,
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…
Posted inClinical Negligence, Issue 16Tags: ,
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…
Posted inClinical Negligence, Issue 16, RegulatoryTags: , ,
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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Posted inInquests Issue 15

Leaving findings of fact to inquest juries in Article 2 cases

Leaving findings of fact to inquest juries in Article 2 cases Peter Skelton KC R (Bhupinder Iffat Rizvi) v HM Assistant Coroner for South London and others [2025] EWHC 3014 (Admin) Introduction In this case, the High Court considered the appropriate legal test for leaving findings of fact to juries…
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Posted inClinical Negligence Issue 15

Expert evidence refused for a Defendant who puts a Claimant to proof

Expert evidence refused for a Defendant who puts a Claimant to proof Robert Mills Fox v Moroney and Others [unreported, 5 September 2025] The claim was brought against a dental practice for negligent dental treatment performed by dentists based at the practice. The allegations were based on breaches of non-delegable duties…
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Posted inAbuse / Child Abuse Clinical Negligence Issue 15

Child Abuse and Scope of Duty of Medical Practitioners

Child Abuse and Scope of Duty of Medical Practitioners Rajkiran Arhestey Conway v Yeovil District Hospitals NHS Foundation Trust & Anor [2025] EWHC 2488 (KB) In this sad case, Turner J considered the scope of duty of hospital doctors towards a baby who was the victim of an assault perpetrated…
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Posted inIssue 15 Personal injury

Fundamental Dishonesty and the Role of Experts

Fundamental Dishonesty and The Role of Experts Matthew Leitch O’Connell v Ministry of Defence [2025] EWHC 2301 (KB) In O’Connell, Christopher Kennedy KC, sitting as a Deputy High Court Judge, dismissed claims in negligence and under the Animals Act 1971 brought by a former gunner in the Royal Horse Artillery.…
Posted inIssue 15, Personal injuryTags: