Posted inClinical negligence Issue 14

Fatal Accidents and Limitation

Fatal Accidents and Limitation Amelia Williams Shaw v Maguire (Re Preliminary Issues) [2023] EWHC 2155 (KB) Introduction In Shaw v Maguire (Re Preliminary Issues) [2023] EWHC 2155 (KB), Master Cook considered whether a Claimant could rely on Section 33 of the Limitation Act 1980 in a fatal accident claim where…
September 21, 2023Posted inClinical negligence, Issue 14Tags:
Posted inIssue 11 Public

Court of Appeal Refuses Permission to Judicially Review Infected Blood Compensation Scheme

In a judgment handed down on 4 February 2022, the Court of Appeal dismissed an appeal for permission to apply for judicial review concerning the lawfulness of the England Infected Blood Support Scheme (EIBSS) (the “Scheme”). The Court of Appeal concluded that the Scheme’s exclusion of those infected with hepatitis…
May 24, 2022Posted inIssue 11, PublicTags: ,
Posted inClinical negligence Issue 10

Limitation

Wilkins v University Hospital North Midlands NHS Trust [2021] EWHC 261 (QB). Aderounmu v Colvin [2021 EWHC 2293 (QB) The Facts – Wilkins Deputy High Court Judge Hermer QC determined as a preliminary issue whether the claim against the Defendant Hospital for negligently failing to treat a significant post-knee replacement…
January 19, 2022Posted inClinical negligence, Issue 10Tags:
Posted inClinical negligence Issue 8 Procedural

When is a Claim too Stale?

Azam v University Hospital Birmingham NHS Foundation Trust [2020] EWHC 3384 (QB) In this very useful judgment, Saini J restated the relevant legal principles in relation to the exercise of discretion under section 33 of the Limitation Act 1980 (“the Act”) and held that there was no error of law…
April 15, 2021Posted inClinical negligence, Issue 8, ProceduralTags:
Posted inClinical negligence Issue 7

Private International Law and Clinical Negligence (Part 2)

Roberts v Soldiers, Sailors, Airmen and Families Association – Forces Help [2020] EWCA Civ 926 The Court of Appeal has confirmed that the Civil Liability (Contribution) Act 1978 (“the 1978 Act”) has extra-territorial effect and applied its limitation period to a contribution claim brought by the MOD and Soldiers, Sailors,…
March 8, 2021Posted inClinical negligence, Issue 7Tags: , ,
Posted inClinical negligence Issue 6 Procedural

Private International Law and Clinical Negligence

Roberts v Soldiers, Sailors, Airmen and Families Association [2020] EWHC 994  This article originally appeared in Issue 6 (September 2020). The High Court decided two preliminary issues of private international law in a claim alleging negligence of a midwife resulting in acute profound hypoxic brain injury at a hospital in…
September 1, 2020Posted inClinical negligence, Issue 6, ProceduralTags: , ,
Posted inAbuse/Child Abuse Issue 4

Sexual Abuse – A Third Party’s Fault?

BXB v Watch Tower and Bible Tract Society of Pennsylvania [2020] EWHC 156 (QB)  This article originally appeared in Issue 4 (March 2020). On 30 January 2020, Mr Justice Chamberlain gave judgment in BXB v (1) Watch Tower and Bible Tract Society of Pennsylvania (2) Trustees of the Barry Congregation…
March 1, 2020Posted inAbuse/Child Abuse, Issue 4Tags: ,