Monitoring During Labour

NKX v Barts Health NHS Trust [2020] EWHC 839 (QB)  This article originally appeared in Issue 6 (September 2020). The Facts  This was a liability only hearing where the Claimant alleged that his mother was given insufficient warning that she should have continuous fetal monitoring (“CFM”) when she was in…

Causation – No Need to Prove a Specific Mechanism?

Schembri v Marshall [2020] EWCA Civ 358  This article originally appeared in Issue 5 (May 2020). Somewhat surprisingly, the Court of Appeal has upheld the controversial judgment of Stewart J (covered in Issue 3) that the Claimant’s wife would not have died if she had been referred to hospital, despite…

Relationship Between Criminal and Civil Liability under the Occupiers’ Liability Act and Causation

Mrs James v The White Lion Hotel [2020] 1 WLUK 39  This article originally appeared in Issue 4 (March 2020). The facts  The Deceased fell out of the sash window of a second-floor hotel room in the middle of the night and died. The sill of the window was much…

Damned Lies: Risk, Statistical Association and Causation

Clements v Imperial College Healthcare NHS Trust [2018] EWHC 2064 AB v East Lancashire Hospitals NHS Trust [2019] EWHC 3542 (QB)  This article originally appeared in Issue 4 (March 2020). We are all familiar with the challenge of proving that a given breach of duty was causally relevant to injury…

Expert Evidence and Material Contribution

Arksey v Cambridge University Hospitals NHS Foundation Trust [2019] EWHC 1276 (QB)  This article originally appeared in Issue 3 (November 2019). Background  On 3 November 2012, the Claimant suffered a cerebral aneurysm rupture. She was taken by ambulance to Addenbrooke’s Hospital complaining of symptoms principally of confusion. She was discharged…