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AROWOJOLU v GENERAL MEDICAL COUNCIL
Fitness to practise – Sexual assault – Evidence – Credibility – Relevance of previous allegation by complainant.
[2020] Med LR 1
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RAQEEB v BARTS HEALTH NHS TRUST (COSTS)
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).
[2020] Med LR 17
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JK v A LOCAL HEALTH BOARD
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.
[2020] Med LR 31
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BELL (A PROTECTED PARTY SUING BY HER STEPFATHER AND LITIGATION FRIEND URSELL) v BEDFORD HOSPITAL NHS TRUST
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.
[2020] Med LR 44
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APPLICATIONS RELATING TO MEDICAL TREATMENT: GUIDANCE AUTHORISED BY THE HONOURABLE MR JUSTICE HAYDEN, THE VICE PRESIDENT OF THE COURT OF PROTECTION
Mental Capacity Act 2005 – Medical treatment – Mental capacity – Best interests – Guidance – Circumstances in which application should be made – Practice and procedure.
[2020] Med LR 55
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SANDERSON (BY HER LITIGATION FRIEND, SANDERSON) v GUY’S AND THOMAS’ NHS FOUNDATION TRUST
Clinical negligence – Preliminary hearing of liability issues – Allegations of substandard obstetric care – Whether delay in proceeding to instrumental delivery – Interpretation of NICE Guidelines.
[2020] Med LR 60
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UWEN v GENERAL MEDICAL COUNCIL
Medical Practitioners Tribunal of the General Medical Council – Whether test of dishonesty correctly applied – Whether sanction of erasure from the Medical Register disproportionate.
[2020] Med LR 78
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R (GOSSIP) v NHS SURREY DOWNS CLINICAL COMMISSIONING GROUP
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.
[2020] Med LR 84
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JESUDASON v ALDER HEY CHILDREN’S NHS FOUNDATION TRUST
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.
[2020] Med LR 105
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SWIFT v CARPENTER (THE PERSONAL INJURIES BAR ASSOCIATION, INTERVENER)
Protective costs order – Judicial policy and practice – Corner House rules – Public law requirement – Discretion – Delay.
[2020] Med LR 125
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GUYS AND ST THOMAS’ NHS FOUNDATION TRUST AND ANOTHER v R
Capacity – Mental Capacity Act 2005 – Inherent jurisdiction – Jurisdiction – Urgent application – Delay – Contingent declarations – Pregnancy – Caesarean section – Best interests – Obstetric planning – Autonomy.
[2020] Med LR 135
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BARCLAYS BANK PLC v VARIOUS CLAIMANTS
Vicarious liability – Independent contractor – Relationships akin to employment – Pre-employment medical examinations – Sexual assault.
[2020] Med LR 155
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RE M (DECLARATION OF DEATH OF CHILD)
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.
[2020] Med LR 165
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R (A AND KEPPEL) v SOUTH KENT COASTAL CCG AND OTHERS (KENT COUNTY COUNCIL AND ANOTHER, INTERESTED PARTIES)
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.
[2020] Med LR 181
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R (LEWIS) v SENIOR CORONER FOR NORTH WEST KENT
Judicial review – Inquests – Malnutrition – Neglect – Failings in care – Summing-up – Conclusions left to jury – Galbraith.
[2020] Med LR 201
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WHITTINGTON HOSPITAL NHS TRUST v XX
Deprivation of ability to bear children – Damages – Public policy – Recoverability of surrogacy costs – Overseas commercial surrogacy arrangements.
[2020] Med LR 209
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XDE (BY HER HUSBAND AND LITIGATION FRIEND, XEF) v NORTH MIDDLESEX UNIVERSITY HOSPITAL NHS TRUST
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.
[2020] Med LR 223
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SCHEMBRI v MARSHALL
Breach of duty – Causation – Use of probabilities – Statistical evidence.
[2020] Med LR 240
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GENERAL MEDICAL COUNCIL AND ANOTHER v ZAFAR
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.
[2020] Med LR 252
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PAUL v THE ROYAL WOLVERHAMPTON NHS TRUST
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.
[2020] Med LR 267
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BRADFIELD-KAY v COPE
Clinical negligence – Breach of duty – Total hip replacement – Prominence of acetabular component – Risk to iliopsoas tendon – Bolam test – Bolitho exception.
[2020] Med LR 288
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NKX (BY HIS MOTHER AND LITIGATION FRIEND NMK) v BARTS HEALTH NHS TRUST
Clinical negligence – Obstetrics – Breach of duty in consenting for fetal monitoring – Causation – Duration of hypoxia – Myers hypothesis versus extended Myers hypothesis on hypoxia.
[2020] Med LR 298
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RE SF (INJUNCTIVE RELIEF) A LOCAL AUTHORITY v SF
Court of Protection – Injunctions – Mental capacity – Best interests – Whether Court of Protection empowered to make injunctive orders.
[2020] Med LR 323
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R (MAGUIRE) v HER MAJESTY’S SENIOR CORONER FOR BLACKPOOL & FYLDE AND OTHERS
Inquests – European Convention on Human Rights (“ECHR”), article 2 – Medical negligence – Mental capacity – Deprivation of Liberty Safeguards (“DoLS”).
[2020] Med LR 331
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SC (A CHILD, SUING BY HER MOTHER AND LITIGATION FRIEND, AC) v UNIVERSITY HOSPITAL SOUTHAMPTON NHS FOUNDATION TRUST
Clinical negligence – Remote hearing – Trial – Adjournment – Fairness – Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020 No 350).
[2020] Med LR 351
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R (SMITH) v HM ASSISTANT CORONER FOR NORTH WEST WALES AND BETSI CADWALADR UNIVERSITY HEALTH BOARD (INTERESTED PARTY)
Judicial review – Inquests – Causation – Standard of proof – Experts – Neglect – Failings in care – Conclusions – Mental health – Suicide.
[2020] Med LR 358
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UNIVERSITY HOSPITALS BIRMINGHAM NHS FOUNDATION TRUST v MR T REUSER
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.
[2020] Med LR 370
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SC (A CHILD, SUING BY HER MOTHER AND LIGATION FRIEND, AC) v UNIVERSITY HOSPITAL SOUTHAMPTON NHS FOUNDATION TRUST
Clinical negligence – Breach of duty – Meningitis – Standard of care – Antibiotics masking symptoms – Suspected tonsillitis.
[2020] Med LR 403
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R (ON THE APPLICATION OF DUTTA) v GENERAL MEDICAL COUNCIL
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.
[2020] Med LR 426
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R (ON THE APPLICATION OF JP, BY HIS FATHER AND LITIGATION FRIEND, BP) v NHS CROYDON CLINICAL COMMISSIONING GROUP AND ANOTHER
Judicial review - Children's continuing care - Clinical commissioning group - Local authorities' powers and duties.
[2020] Med LR 448
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OX (A PROTECTED PARTY, BY HIS LITIGATION FRIEND, SX) v DERBY TEACHING HOSPITALS NHS FOUNDATION TRUST
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.
[2020] Med LR 458
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BROUGHTON v R
Gross negligence manslaughter – Drug overdose – Failure to secure medical assistance – Causation – Substantial cause of death – Substantial chance of survival – Criminal standard of proof.
[2020] Med LR 477
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NORTHAMPTONSHIRE HEALTHCARE NHS FOUNDATION TRUST v AB
Court of Protection – Mental Capacity Act 2005 – Capacity – Best interests – Anorexia nervosa – Life-sustaining treatment.
[2020] Med LR 495
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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)
Medical treatment – Withholding of care at end of life – Children – Clinical ethics committees.
[2020] Med LR 509
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SWIFT v CARPENTER (PERSONAL INJURIES BAR ASSOCIATION, INTERVENER)
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.
[2020] Med LR 527
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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)
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”.
[2020] Med LR 572
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SIMAWI v GENERAL MEDICAL COUNCIL
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.
[2020] Med LR 587