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

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 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

Public Authorities and Negligence: Lessons from Tindall v Chief Constable

Public Authorities and Negligence: Lessons from Tindall v Chief Constable Lucy McCann Introduction On 23 October 2024, the Supreme Court handed down its decision in Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33, the latest in a recent series of appellate court decisions regarding the liability of…
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Posted inAbuse / Child Abuse

High Court Rejects ‘Failure to Remove’ Abuse Claim

DFX v Coventry City Council [2021] EWHC 1382 (QB) In a significant adverse judgment for child abuse claimants, Mrs Justice Lambert rejected a claim brought by a number of Claimants who alleged that the Defendant council’s social services negligently delayed in instigating care proceedings and that, had they been removed…
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Posted inClinical Negligence Issue 5

The Standard of Care in Pure Diagnosis Cases

Brady v Southend University Hospital NHS Foundation Trust [2020] EWHC 158 (QB)  This article originally appeared in Issue 5 (May 2020). In the bulk of actions for clinical negligence, the standard of care owed to the patient is one point which attracts relatively little judicial consternation. In Brady, and cases…
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