Posted inClinical Negligence Issue 16

Scientifically uncertain – probability and causation in clinical negligence

Scientifically uncertain – probability and causation in clinical negligence Dominic Ruck Keene Alexander v HCA International Ltd and Dr David Reffitt [2026] EWHC 1284 (KB) The use and misuse of statistics in clinical negligence is a perennial topic, which is not surprising given that experts and lawyers must attempt to…
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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…
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Posted inAbuse / Child Abuse Issue 14

Vicarious Liability for Abuse by Foster Parents who are also Relatives

Vicarious Liability for Abuse by Foster Parents who are also Relatives Lizanne Gumbel KC DJ v Barnsley Metropolitan Borough Council, AG [2023] EWHC 1815 (KB) Introduction Despite the developments in the law of vicarious liability through the cases of: JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust…
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Posted inClinical Negligence Issue 14

The Supreme Court Examine Vicarious Liability for Rape in the Context of a Religious Organisation

The Supreme Court Examine Vicarious Liability for Rape in the Context of a Religious Organisation Lizanne Gumbel KC Trustees of the Barry Congregation of Jehovah's Witnesses v BXB [2023] UKSC 15 Introduction In 1965, Lord Pearce, in the case of Imperial Chemical Industries Ltd v Shatwell [1965] AC 656, described…
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Posted inClinical Negligence Issue 11

Non-Delegable Duty Healthcare Litigation: The Widening Woodland Boundaries

Hughes v Rattan [2022] EWCA Civ 107 In Hughes v Rattan [2022] EWCA Civ 107, the Court of Appeal answered the following question: was the owner and principal of a dental practice liable for the negligence of his self-employed associates? The claim arose from NHS care provided by three associate dentists. The…
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Posted inAbuse / Child Abuse Issue 10

The Boundaries of Vicarious Liability for Historic Child Abuse Explored Once Again

Blackpool Football Club v DSN [2021] EWCA Civ 1352 The facts The Court of Appeal considered an appeal against a finding that a football club was liable for the sexual abuse inflicted on a 13-year-old youth player in 1987 by a volunteer scout (Mr Roper) during a tour of New…
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Posted inClinical Negligence Issue 10

Dental Negligence, Vicarious Liability and Non-Delegable Duty: A Test Case

Hughes v Rattan [2021] EWHC 2032 (QB) In Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question: was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS…
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Posted inAbuse / Child Abuse Issue 9

The Court of Appeal Considers Vicarious Liability

The Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356 In an important contribution to the law on vicarious liability, the Court of Appeal has considered an appeal against a decision of Mr Justice Chamberlain, discussed in QMLR by Charlotte Gilmartin here. In that decision,…
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