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Groom v Selby
[2002] LS Law Med 1
Wrongful birth claim — Negligent failure to diagnose unwanted pregnancy — Child apparently healthy but exposed to bacteria at birth — Meningitis developing at three-and-a-half weeks of age — Whether damages recoverable by the Claimant for the costs of bringing up a disabled child
Hubbard v Lambeth Southwark & Lewisham Health Authority & Others
[2002] Lloyd's Rep Med 08
Clinical negligence — Experts” meetings — CPR r 35.12 — Article 6 of the European Convention on Human Rights — Sensitivity of experts — Presence of lawyers — Independent chair for experts” meetings
Dean Bell v Stephen Todd & Another
[2002] Lloyd's Rep Med 12
National Assistance Act 1948 (as amended) — National Assistance (Assessment of Resources) Regulations 1992 — Proposed settlement of personal injury claim — Claimant under disability — Accommodation and care provided by local authority — Whether local authority's obligation to provide care continues after settlement — Whether capital and income paid under terms of settlement affect determination of charges for accommodation.
Ryan & Another v Liverpool Health Authority
[2002] Lloyd's Rep Med 23
National Assistance Act 1948 (as amended) — National Assistance (Assessment of Resources) Regulations 1992 — Claimant's damages for clinical negligence administered by Court of Protection — Whether local authority is required or entitled to take into account payments of income from capital administered by the Court of Protection when assessing Claimant's liability to contribute towards the cost of his residential accommodation.
PEET v Mid Kent Healthcare NHS Trust
[2002] Lloyd's Rep Med 33
Part 35 of the Civil Procedure Rules — Whether one party alone should hold a conference with jointly instructed experts — Observations on practice relating to quantum experts
R (Wilkinson) v Broadmoor Hospital
[2002] Lloyd's Rep Med 41
Mental Health Act — Challenge to the administration of treatment by force and without consent — Judicial Review — Whether or not medical witnesses should be called for cross-examination at the substantive hearing — Effect of The Human Rights Act on the ambit of judicial review
Bijl v General Medical Council
[2002] Lloyd's Rep Med 60
General Medical Council — Professional Conduct Committee — Erasure from Medical Register for serious professional misconduct — Whether erasure was appropriate
Hossain v General Medical Council
[2002] Lloyd's Rep Med 64
General Medical Council — Professional Conduct Committee — Erasure from Medical Register for serious professional misconduct — Whether penalty of erasure appropriate
Dey v General Medical Council
[2002] Lloyd's Rep Med 68
Fraud by doctor — Sentenced at Crown Court by financial penalties — Subsequent erasure by the Professional Conduct Committee — Whether erasure duplicated earlier criminal sentence — Whether excessive
Carroll v Radiographers Board
[2002] Lloyd's Rep Med 71
Radiographers” Board — Professional conduct — Incidents of being drunk whilst on duty — Applying for jobs without declaring reasons for leaving previous employment — Whether erasure appropriate in all the circumstances
Srirangalingham v General Medical Council
[2002] Lloyd's Rep Med 77
General Medical Council — Professional Conduct Committee — Suspension from the Medical Register following earlier period of conditional registration — Whether suspension appropriate
Gupta v General Medical Council
[2002] Lloyd's Rep Med 82
Professional Conduct Committee of the General Medical Council — No general duty to give reasons for decisions on matters of fact
The Centre for Reproductive Medicine v Mrs U
[2002] Lloyd's Rep Med 93
Whether the terms of written consent given under the Human Fertilisation and Embryology Act 1990 for the use of gametes in fertility treatment were rendered invalid and/or should be overridden by reason of undue influence
Parkhouse v North Devon Healthcare NHS Trust
[2002] Lloyd's Rep Med 100
Assessment of damages — Agreed future care — Future gratuitous care discount — defendant bound by agreement in counterschedule — Future cost of aids and equipment — Discount to reflect state provision — Joint expert agreement — Parties not bound — Rejection of joint expert view at trial
R (Middleton) v Coroner for Western Somersetshire
[2002] Lloyd's Rep Med 107
Inquest — Coroners Act 1988 — Coroners Rules 1984 — Compatibility with Article 2 ECHR — Death in Custody — Neglect verdict — Jury note — Whether to incorporate note in verdict — Whether suggesting such a note unlawful
Fatima Nur Saed v Ealing Hospital NHS Trust
[2002] Lloyd's Rep Med 121
Clinical negligence action — Civil procedure — Evidence — Submission of no case to answer — Whether defendant must be put to election — Management of case at trial — Overriding objective — Civil Procedure Rules 1998: CPR Part 1: CPR Part 3: CPR 3.1
Pidgeon v Doncaster Health Authority
[2002] LS Law Med 130
Cervical smears — Misreporting by the defendants of a cervical smear test — Causation — Whether refusal of the claimant on numerous occasions to undergo cervical smear testing broke the chain of causation — To what degree was the claimant contributorily negligent
A Health Authority v X and Ors
[2002] Lloyd's Rep Med 139
Confidentiality — Public law proceedings — Disclosure of documents to third parties — Power of Court
R (Assisted Reproduction and Gynaecology Centre and H) v HFEA
[2002] Lloyd's Rep Med 148
Renewed application for permission to apply for judicial review — Renewed application for permission to appeal costs order — Whether The Human Fertilisation and Embryology Authority gave irrational advice — Whether judicial review available to resolve scientific debate — Human Fertilisation and Embryology Act — Articles 8 and 12 of the European Convention on Human Rights
Rees v Darlington Memorial Hospital NHS Trust
[2002] LS Law Med 163
Wrongful birth claim — Damages — Healthy child born to disabled mother — Whether mother entitled to recover extra costs of bringing up child attributable to mother's disability
Rowbottom v Royal Masonic Hospital
[2002] LS Law Med 173
Limitation Act 1980 — Date of knowledge pursuant to sections 11 and 14
Kerry Roberts v Bro Taf Health Authority
[2002] LS Law Med 182
Failed sterilisation — Birth of disabled child — Claim for damages by mother — Measure of damages — Whether damages limited by parental means
R (Amin) v SSHD; R (Middleton) v West Somersetshire Coroner
[2002] Lloyd's Rep Med 187
Deaths in custody — The state's duty under Article 2 of the European Convention on Human Rights to investigate deaths where it may have failed in its duty to protect life — Whether public scrutiny and family participation necessarily required in the investigation — Coroners” verdicts reviewed — Verdict of neglect permissible to reflect a finding of failure in performance of the duty to protect life
H v Associated Newspapers Ltd & Ors
[2002] Lloyd's Rep Med 210
Healthcare worker suffering from HIV — Order restraining publication of information relevant to identity — Whether detail of healthcare worker's local health authority, clinical speciality and date of diagnosis can be published — Whether newspaper permitted to solicit information about healthcare worker's identity
Warriner v Warriner
[2002] Lloyd's Rep Med 220
Damages — Discount Rate — Damages Act 1996 — Different rate if “more appropriate” (section 1(2)) — Large award and long life expectancy
Walters v North Glamorgan NHS Trust
[2002] Lloyd's Rep Med 227
Clinical negligence — Death of child — Damages — Psychiatric injury — Nervous shock — Primary victim — Secondary victim — Shock — Sudden appreciation of horrifying event — Article 6 of the European Convention on Human Rights
Masterman-Lister v Jewell; Masterman-Lister v Brutton
[2002] Lloyd's Rep Med 239
Mental Health Act 1983 sections 1(2) and 94(2) — Approval of award of damages under RSC Ord 80, rule 10, and CPR Part 21.10 — Whether Claimant a patient incapable of managing and administering his property and affairs within the meaning of the Mental Health Act 1983 — Proper nature of test for determining whether a patient incapable of managing and administering his property and affairs
U v Centre for Reproductive Medicine
[2002] Lloyd's Rep Med 259
Posthumous insemination — Human Fertilisation and Embryology Act 1990 — Storage and use of sperm — Effective consent — Withdrawal of consent — Undue influence
Ms B v An NHS Hospital Trust
[2002] Lloyd's Rep Med 265
Mental capacity — The right to elect for the withdrawal of life-saving treatment — Guidance in assessing mental capacity — Ethics
The Royal Victoria Infirmary v B (A Child)
[2002] Lloyd's Rep Med 282
Assessment of damages — Life expectation — Relative weight to be attached to clinical assessment of patient and statistical data regarding cohort to which patient belonged — Whether Court should estimate how long the individual would live or assess the average within a cohort of patients — Whether in cases of fixed life expectation the multiplier should be discounted only for accelerated receipt or further to reflect risk of mortality within fixed period
R (Cream) v General Medical Council
[2002] Lloyd's Rep Med 292
Judicial review — Obligation to ascertain the truth of information regarding a colleague's misconduct — Whether conduct within the meaning of the word professional — Whether decision irrational or perverse
Skidmore v Dartford & Gravesham NHS Trust
[2002] Lloyd's Rep Med 299
Contract of employment — NHS Trust — Allegations of misconduct on part of doctor — Whether conduct personal or professional — Meaning of Department of Health Circular HC(90)9 — Whether contractual or public law test to be applied
Chester v Afshar
[2002] Lloyd's Rep Med 305
Duty to warn — Proof of causation necessary to establish liability — Whether effective cause of injury was the occurrence of a random risk or the Defendant's failure to bring the risk to the patient's attention — Arguments open to the Defendant in relation to the assessment of damages
R (on the application of C) v Brent, Kensington Chelsea & Westminster
[2002] Lloyd's Rep Med 321
Judicial Review — Legitimate expectation — Decision to close adult residential unit — Whether there was a promise of “home for life” — Whether legitimate expectation of “home for life” — Implications of description of accommodation as a “home” — Whether legitimate expectation could arise in respect of an interim placement — Whether duty of fairness included a duty to consult patients in relation to closure decision — Duty to consult patients in interim placements — Whether there was a proper assessment of patients” best interests — Whether there was a breach of Article 8 ECHR
Smith v Secretary of State for Health
[2002] Lloyd's Rep Med 333
Negligence — Medicines Act 1968 — Secretary of State as Licensing Authority — Power to suspend, revoke or vary medicinal licences — Partial withdrawal of aspirin — Delay in issuing interim public warning — Decision discretionary/one of policy — No common law duty owed — Decision reasonably justifiable
T v Mental Health Review Tribunal and G
[2002] Lloyd's Rep Med 354
Mental Health Review Tribunal (MHRT) — Rule 21(5) MHRT Rules 1983 — Discretion to disclose information — Whether discretion exercised — Articles 2 & 8 ECHR — Judicial Review
Fairchild v Glenhaven Funeral Services
[2002] Lloyd's Rep Med 361
Negligence — Asbestos — Mesothelioma — Claimants unable to establish which employment caused mesothelioma — Whether any Employer liable — Test for causation
Haikel v General Medical Council
[2002] Lloyd's Rep Med 415
Appeal by general medical practitioner against finding of serious professional misconduct and sanction of erasure in respect of allegations of inappropriate intimate examinations of female patients — Role of the legal assessor — Advice as to an application to stay on the grounds of delay — Advice on similar facts and corroboration
AD v East Kent Community NHS Trust
[2002] LS Law Med 424
Preliminary issue — Mental patient — Alleged wrongful conception — Birth of healthy child to parent with mental disability — Child to be brought up by parent's mother — Whether parent's mother was providing services to parent — Parental responsibility in law for maintenance of child — Whether damages recoverable for cost of upbringing, maintenance and education of child
General Medical Council v Michael Pembrey
[2002] Lloyd's Rep Med 434
GMC procedures — Section 41(6) Medical Act 1983 — Extension of period for interim order — Grounds for extension — Relevance of delay — Application of Article 6 — Commencement date for any delay — Public interest — Relevance of practitioner's interests
Holly Lobb v Hartlepool & East Durham NHS Trust
[2002] Lloyd's Rep Med 442
Negligence — Erb's palsy — Traction applied during labour to progress delivery — Midwife's training less than adequate — Whether lack of appropriate training was causative of the injury — Whether appropriate and proportionate traction was applied
Sutcliffe v Countess of Chester Hospital NHS Trust
[2002] Lloyd's Rep Med 449
Negligence — Erb's palsy — No documented difficulty with delivery — Whether injury caused by excessive traction at delivery or by intrauterine forces prior to delivery
Lucy Reynolds v North Tyneside Health Authority
[2002] Lloyd's Rep Med 459
Negligence — Cord prolapse — Failure to perform a vaginal examination on admission to hospital — Whether reasons for not doing so stood up to logical analysis — Bolitho v City & Hackney HA considered — Expert evidence based on unidentified anecdotalsources — Whether vaginal examination on admission would have avoided hypoxaemic injury
Geest plc v Monica Lansiquot
[2002] Lloyd's Rep Med 482
Personal injury — Assessment of damages hearing — Mitigation of loss — Whether decision not to undergo surgery reasonable — Requirement for defence to put Claimant on notice if failure to mitigate to be advanced
A and Others v National Blood Authority and Others
[2002] Lloyd's Rep Med 487
Practice and procedure — Assessment of damages — Jurisdiction of Court to adjourn assessment of particular heads of potential damage — Provisional damages: section 32A, Supreme Court Act 1981 — Finality of determination of issues between the parties: section 49(2), Supreme Court Act 1981 — Separate trial of separate issues — CPR, Part 3.1
R v Liverpool Health Authority and Others ex parte Hopley
[2002] Lloyd's Rep Med 494
Judicial review — Decision of a Health Authority, as the Defendant in a claim for clinical negligence, to withhold consent for a With Profits Structured Settlement under section 2 of the Damages Act 1996 — Whether this was the decision of a public body amenable to judicial review or the exercise of a private function susceptible to challenge only in an action to enforce a private law right — If amenable to judicial review, whether that decision was unlawful, including whether it was unlawfully fettered by application of a blanket policy, whether irrelevant matters had been taken into account and whether the decision was irrational.
Crabbie v The General Medical Council
[2002] Lloyd's Rep Med 509
General Medical Council — Conviction case at the Professional Conduct Committee — Whether upon application of the practitioner on grounds of unfitness to practice the PCC should refer the case to the Health Committee or whether it is entitled to proceed to erase the practitioner's name from the register notwithstanding possibility of unfitness to practise through ill health