Posted inClinical Negligence Issue 16

Late amendment refused in clinical negligence cauda equina claim

Late amendment refused in clinical negligence cauda equina claim Robert Mills Williams v Wilkinson [2026] EWHC 1088 (KB) On 8 May 2026, Mr Justice Cotter refused the Claimant's application to amend her Particulars of Claim, to rely on further witness and expert evidence, and to vacate the imminent trial in…
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Posted inClinical Negligence Issue 16

Three lessons from ex-footballer’s successful clinical negligence claim

Three lessons from ex-footballer’s successful clinical negligence claim Samuel Talalay Ebanks-Blake v Calder [2025] EWHC 3327 (KB) Introduction As temperatures dropped and trees went up in the days before Christmas, judgment was handed down in the case of Ebanks-Blake v Calder. Mrs Justice Lambert’s decision in the Claimant’s favour, circulated…
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Posted inClinical Negligence Issue 16 Regulatory

Regulatory proceedings: reliance on hearsay evidence from deceased complainant

Regulatory proceedings: reliance on hearsay evidence from deceased complainant Leanne Woods Dr Siong Lee v General Medical Council [2025] EWHC 3347 (Admin) The Appellant, Dr Lee, was a GP. The Medical Practitioners Tribunal (‘MPT’) found that he had dishonestly falsified Patient A’s medical records on three separate occasions. As would…
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Posted inClinical Negligence Issue 16

Facing down extortion: NHS trusts and healthcare data

Facing down extortion: NHS trusts and healthcare data Leo Kirby Barts Health NHS Trust v Persons Unknown [2025] EWHC 3230 (KB) This judgment of Cavanagh J, sitting as the interim applications and Out-of-Hours judge on 8 December 2025, illustrates the circumstances where a court will grant a without-notice pre-action application…
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Posted inClinical Negligence Issue 15

Establishing the facts in the face of silence and uncertainty

Establishing the facts in the face of silence and uncertainty Leo Kirby Shaheen & Ahmed (Estate of Ajaz Ahmed) v Daish [2025] EWHC 3056 (KB) This case shows how claimants can convince the court that their version of the facts is right despite the contemporaneous record being silent and neither…
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Posted inClinical Negligence Issue 15

MJF: a re-emphasis on statements of case and evidential rigour

MJF: a re-emphasis on statements of case and evidential rigour Allyna Ng MJF (a Protected Party proceeding by her mother and litigation friend, ITZ) v University Hospitals Birmingham NHS Trust [2024] EWHC 3156 (KB) The Claimant, MJF, alleged that her surgery had been conducted negligently, causing a severe deterioration in…
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Posted inClinical Negligence Issue 15

A case-study in witness credibility

A case-study in witness credibility Amelia Williams Deakin-Stephenson v Behar & Anor [2024] EWHC 2338 (KB) Background: In November 2016 the Claimant collapsed with acute abdominal pain whilst in a hairdresser in Fulham, London. Investigations at A&E revealed that she had developed diverticulitis with a localised perforation. Her surgeon, Mr…
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Posted inClinical Negligence Issue 14

Tragic Death of Newborn from Infection was not due to Negligence

Tragic Death of Newborn from Infection was not due to Negligence Judith Rogerson Callaghan v South Tees Hospitals NHS Foundation Trust [2023] EWHC 1199 (KB) Background  This case arose from the death of the Claimant’s daughter, Imogen, who died from Group B Streptococcus (“GBS”) bacterial meningitis and septicaemia when she…
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Posted inClinical Negligence Issue 9

The Importance of Contemporaneous Medical Records

HXC (by her litigation friend) JXS vs Hind, Craze [2020] 10 WLUK 603 The facts On 8 June 2016, the then 24-year-old Claimant suffered a catastrophic subarachnoid haemorrhage arising from the rupture of a 10-11mm left internal carotid artery aneurysm. As a result of the haemorrhage she had a dense…
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