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AROWOJOLU v GENERAL MEDICAL COUNCIL
[2020] Med LR 1
Fitness to practise – Sexual assault – Evidence – Credibility – Relevance of previous allegation by complainant.
RAQEEB v BARTS HEALTH NHS TRUST (COSTS)
[2020] Med LR 17
Costs – Whether costs to follow the event in Children Act proceedings – Whether costs to follow the event in judicial review – Exercise of costs discretion – Children Act 1989, section 8 – Children Act 2004, section 11(2)(a) – Civil Procedure Rules, rr 44.2, 44.10 – Family Procedure Rules, r 28.1 – Senior Courts Act 1981, sections 31(2A), 51(1)(b).
JK v A LOCAL HEALTH BOARD
[2020] Med LR 31
Autism Spectrum Disorder – Psychiatric hospital – Refusal to eat – Mental capacity – Force feeding – Manifestation of mental disorder – Treatment to alleviate or prevent a worsening of mental disorder – Mental Health Act 1983, section 63 – Inherent jurisdiction – Declaratory relief.
BELL (A PROTECTED PARTY SUING BY HER STEPFATHER AND LITIGATION FRIEND URSELL) v BEDFORD HOSPITAL NHS TRUST
[2020] Med LR 44
Clinical negligence – Failure to diagnose transient ischaemic attacks and the possibility of stroke – Whether defendant in breach of duty – Whether subsequent major stroke was caused by atherosclerosis amenable to medication – Whether claimant would have been compliant with such treatment – Whether such treatment would have prevented the major stroke from occurring.
APPLICATIONS RELATING TO MEDICAL TREATMENT: GUIDANCE AUTHORISED BY THE HONOURABLE MR JUSTICE HAYDEN, THE VICE PRESIDENT OF THE COURT OF PROTECTION
[2020] Med LR 55
Mental Capacity Act 2005 – Medical treatment – Mental capacity – Best interests – Guidance – Circumstances in which application should be made – Practice and procedure.
SANDERSON (BY HER LITIGATION FRIEND, SANDERSON) v GUY’S AND THOMAS’ NHS FOUNDATION TRUST
[2020] Med LR 60
Clinical negligence – Preliminary hearing of liability issues – Allegations of substandard obstetric care – Whether delay in proceeding to instrumental delivery – Interpretation of NICE Guidelines.
UWEN v GENERAL MEDICAL COUNCIL
[2020] Med LR 78
Medical Practitioners Tribunal of the General Medical Council – Whether test of dishonesty correctly applied – Whether sanction of erasure from the Medical Register disproportionate.
R (GOSSIP) v NHS SURREY DOWNS CLINICAL COMMISSIONING GROUP
[2020] Med LR 84
Application for judicial review of NHS Clinical Commissioning Group's refusal of NHS Continuing Healthcare – Eligibility for NHS Continuing Healthcare – Status of National Framework for NHS Continuing Healthcare – Whether need for nursing care determinative of eligibility for NHS Continuing Healthcare.
JESUDASON v ALDER HEY CHILDREN’S NHS FOUNDATION TRUST
[2020] Med LR 105
Protected disclosures – Whistle-blowing – NHS Trusts – Disclosures to other persons, media – Post-employment disclosures – Detriment – Reason for treatment – Direct race discrimination – Rule in Browne v Dunn.
SWIFT v CARPENTER (THE PERSONAL INJURIES BAR ASSOCIATION, INTERVENER)
[2020] Med LR 125
Protective costs order – Judicial policy and practice – Corner House rules – Public law requirement – Discretion – Delay.
GUYS AND ST THOMAS’ NHS FOUNDATION TRUST AND ANOTHER v R
[2020] Med LR 135
Capacity – Mental Capacity Act 2005 – Inherent jurisdiction – Jurisdiction – Urgent application – Delay – Contingent declarations – Pregnancy – Caesarean section – Best interests – Obstetric planning – Autonomy.
BARCLAYS BANK PLC v VARIOUS CLAIMANTS
[2020] Med LR 155
Vicarious liability – Independent contractor – Relationships akin to employment – Pre-employment medical examinations – Sexual assault.
RE M (DECLARATION OF DEATH OF CHILD)
[2020] Med LR 165
Death – Babies – Medical treatment – Declaration of death – Definition of death – Brainstem death – Withdrawal of mechanical ventilation – Expert evidence – Reporting restrictions – Non-applicability of “best interests” test.
R (A AND KEPPEL) v SOUTH KENT COASTAL CCG AND OTHERS (KENT COUNTY COUNCIL AND ANOTHER, INTERESTED PARTIES)
[2020] Med LR 181
Judicial review – Decision by Clinical Commissioning Group to reorganise the delivery of NHS stroke services in Kent – Adequacy of consultation – Whether breach of statutory duty under NHS Act 2006, section 14Z2 in relation to consultation – Whether failure to discharge NHS Act 2006, section 14T as to reducing inequalities and under Equality Act 2010, section 149.
R (LEWIS) v SENIOR CORONER FOR NORTH WEST KENT
[2020] Med LR 201
Judicial review – Inquests – Malnutrition – Neglect – Failings in care – Summing-up – Conclusions left to jury – Galbraith.
WHITTINGTON HOSPITAL NHS TRUST v XX
[2020] Med LR 209
Deprivation of ability to bear children – Damages – Public policy – Recoverability of surrogacy costs – Overseas commercial surrogacy arrangements.
XDE (BY HER HUSBAND AND LITIGATION FRIEND, XEF) v NORTH MIDDLESEX UNIVERSITY HOSPITAL NHS TRUST
[2020] Med LR 223
Whether the decision to change funding from legal aid to a conditional fee agreement (CFA) was reasonable – Whether additional liabilities of success fees and After the Event insurance premium were recoverable – Whether CFA funding was superior to legal aid funding – Whether a hypothetical reason could justify a change in funding.
SCHEMBRI v MARSHALL
[2020] Med LR 240
Breach of duty – Causation – Use of probabilities – Statistical evidence.
GENERAL MEDICAL COUNCIL AND ANOTHER v ZAFAR
[2020] Med LR 252
Medical Practitioners Tribunal – Medical expert – Contempt of court – Incomplete detail of contempt proceedings before tribunal – Permission to adduce new evidence on appeal – Whether sanction unduly lenient – Whether proceedings should be remitted.
PAUL v THE ROYAL WOLVERHAMPTON NHS TRUST
[2020] Med LR 267
Clinical negligence – Secondary victims – Nervous shock – Proximity – Relevant event for purposes of establishing liability under control mechanisms – Collapse and death of deceased from heart attack at time and place remote from allegedly causative breach of duty.
BRADFIELD-KAY v COPE
[2020] Med LR 288
Clinical negligence – Breach of duty – Total hip replacement – Prominence of acetabular component – Risk to iliopsoas tendon – Bolam test – Bolitho exception.
NKX (BY HIS MOTHER AND LITIGATION FRIEND NMK) v BARTS HEALTH NHS TRUST
[2020] Med LR 298
Clinical negligence – Obstetrics – Breach of duty in consenting for fetal monitoring – Causation – Duration of hypoxia – Myers hypothesis versus extended Myers hypothesis on hypoxia.
RE SF (INJUNCTIVE RELIEF) A LOCAL AUTHORITY v SF
[2020] Med LR 323
Court of Protection – Injunctions – Mental capacity – Best interests – Whether Court of Protection empowered to make injunctive orders.
R (MAGUIRE) v HER MAJESTY’S SENIOR CORONER FOR BLACKPOOL & FYLDE AND OTHERS
[2020] Med LR 331
Inquests – European Convention on Human Rights (“ECHR”), article 2 – Medical negligence – Mental capacity – Deprivation of Liberty Safeguards (“DoLS”).
SC (A CHILD, SUING BY HER MOTHER AND LITIGATION FRIEND, AC) v UNIVERSITY HOSPITAL SOUTHAMPTON NHS FOUNDATION TRUST
[2020] Med LR 351
Clinical negligence - Remote hearing - Trial - Adjournment - Fairness -Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020 No 350).
R (SMITH) v HM ASSISTANT CORONER FOR NORTH WEST WALES AND BETSI CADWALADR UNIVERSITY HEALTH BOARD (INTERESTED PARTY)
[2020] Med LR 358
Judicial review – Inquests – Causation – Standard of proof – Experts – Neglect – Failings in care – Conclusions – Mental health – Suicide.
UNIVERSITY HOSPITALS BIRMINGHAM NHS FOUNDATION TRUST v MR T REUSER
[2020] Med LR 370
Health – Employment – NHS Trusts – Investigations – Maintaining High Professional Standards in the Modern NHS policy – Unfair dismissal – Wrongful dismissal – Automatically unfair dismissal – Polkey reductions – Contributory conduct – Protected disclosures – Whistleblowing.
SC (A CHILD, SUING BY HER MOTHER AND LIGATION FRIEND, AC) v UNIVERSITY HOSPITAL SOUTHAMPTON NHS FOUNDATION TRUST
[2020] Med LR 403
Clinical negligence – Breach of duty – Meningitis – Standard of care – Antibiotics masking symptoms – Suspected tonsillitis.
R (ON THE APPLICATION OF DUTTA) v GENERAL MEDICAL COUNCIL
[2020] Med LR 426
General Medical Council – Judicial review – Referral of allegations for investigation – Whether allegations subject to time bar – Application of five-year rule – Extension of time for judicial review proceedings. – Medical Practitioners Tribunal – Fitness to practise proceedings – Determinations of fact – Whether findings procedurally flawed.
R (ON THE APPLICATION OF JP, BY HIS FATHER AND LITIGATION FRIEND, BP) v NHS CROYDON CLINICAL COMMISSIONING GROUP AND ANOTHER
[2020] Med LR 448
Judicial review - Children's continuing care - Clinical commissioning group - Local authorities' powers and duties.
OX (A PROTECTED PARTY, BY HIS LITIGATION FRIEND, SX) v DERBY TEACHING HOSPITALS NHS FOUNDATION TRUST
[2020] Med LR 458
Clinical negligence – Obstetric brain damage – Breach of duty in midwifery care – “Conventional model” of time frames of brain damage preferred to “extended model” in analysis of causation.
BROUGHTON v R
[2020] Med LR 477
Gross negligence manslaughter – Drug overdose – Failure to secure medical assistance – Causation – Substantial cause of death – Substantial chance of survival – Criminal standard of proof.
NORTHAMPTONSHIRE HEALTHCARE NHS FOUNDATION TRUST v AB
[2020] Med LR 495
Court of Protection – Mental Capacity Act 2005 – Capacity – Best interests – Anorexia nervosa – Life-sustaining treatment.
IN THE MATTER OF THE SENIOR COURTS ACT 1981 IN THE MATTER OF THE INHERENT JURISDICTION AND IN THE MATTER OF X (A CHILD) GREAT ORMOND STREET HOSPITAL FOR CHILDREN NHS FOUNDATION TRUST v MX (1ST RESPONDENT), FX (2ND RESPONDENT) AND X (A CHILD) (BY HER CAFCASS GUARDIAN) (3RD RESPONDENT)
[2020] Med LR 509
Medical treatment – Withholding of care at end of life – Children – Clinical ethics committees.
SWIFT v CARPENTER (PERSONAL INJURIES BAR ASSOCIATION, INTERVENER)
[2020] Med LR 527
Personal injuries – Capital accommodation claims – Quantification of accommodation claims – Valuation of reversionary interest off-set – Point in time to assess reversionary interest – Term certain multiplier for life expectancy – Fair and reasonable, but not excessive, compensation.
R (COTTER) (A CHILD BY HER MOTHER AND LITIGATION FRIEND, NATASHA COTTER) v THE NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE, (THE SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE, INTERESTED PARTY)
[2020] Med LR 572
Appraisal of “health technologies” by the National Institute for Health and Care Excellence (NICE) – Whether drug satisfied criteria for Highly Specialised Technology procedure – Meaning of “highly specialised service” – Whether target patient group was “distinct for clinical reasons”.
SIMAWI v GENERAL MEDICAL COUNCIL
[2020] Med LR 587
General Medical Council – Sanction – Suspension for nine months with a review following findings of dishonesty – Whether period of suspension excessive – Whether review direction an appealable decision under Medical Act 1983, section 40.