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…

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…

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,…

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…