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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

: 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

: 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

: 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

: 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

: 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

: 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

: 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

: 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

: 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

: 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

: BARCLAYS BANK PLC v VARIOUS CLAIMANTS; Vicarious liability – Independent contractor – Relationships akin to employment – Pre-employment medical examinations – Sexual assault.; [2020] Med LR 155

: 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

: 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

: 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

: 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

: 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

: SCHEMBRI v MARSHALL; Breach of duty – Causation – Use of probabilities – Statistical evidence.; [2020] Med LR 240

: 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

: 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

: 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

: 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

: 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

: 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

: 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

: 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

: 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

: 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

: 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

: R (ON THE APPLICATION OF JP, BY HIS FATHER AND LIGATION 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

: 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

Medical Law Reports