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McFarlane and Anor v Tayside Health Board
[2000] Lloyd's Rep Med 01
Damages — Failed sterilisation — Birth of healthy child — Whether solatium recoverable — Whether costs of upbringing recoverable — Extent of liability
Fenech v East London and City HA
[2000] LS Law Med 35
Limitation — Date of knowledge — Section 14(3) Limitation Act 1980 — Claimant failing to seek medical advice due to embarrassing nature of symptoms — Whether and to what extent failure to seek advice to be viewed objectively — Whether advice would have led to knowledge of relevant facts
Penney, Palmer and Cannon v East Kent Health Authority
[2000] LS Law Med 41
Medical negligence action — Screening of cervical smear tests by cytology screeners — Whether Bolam test applies to work of screeners — Scope of application of Bolam test where allegation one of misreporting of cervical smears — Whether defendant's expert evidence capable of withstanding logical analysis — Relevance of findings of independent inquiry as to standards within cytology laboratory at defendant's hospital — Relevance of results of examination of slides by cytology screeners in laboratory of one of claimants” experts
Rawlinson v North Essex Health Authority
[2000] LS Law Med 54
Strike out — Abuse of process — Myodil causing arachnoiditis — Settlement of concurrent claim — Claim with no prospect of success
Broadmoor Hospital Authority v R
[2000] Lloyd's Rep Med 65
Injunctive relief — Rights of statutory body to an injunction supporting performance of statutory responsibilities — Special hospital under section 4 of the National Health Service Act 1977 — Detention under Mental Health Act 1983 — Patient seeking to publish book — Publication likely to frustrate treatment — Express and implied statutory rights and powers — Jurisdiction to grant injunction — Injunction binding third parties outside hospital
R v Dept of Health, ex p Source Informatics Limited
[2000] Lloyd's Rep Med 76
Judicial review — Department of Health guidance — Supply of information to data collecting company — Duty of confidence owed by pharmacists to patients — Breach of duty of confidence if anonymised information
R-B (A Patient) v Official Solicitor
[2000] Lloyd's Rep Med 87
Sterilisation of adult mentally incapacitated patient — Best interests test — Doctors' duties — Whether third party interests relevant to best interests of patient — Declaration as to best interests
Taylor v Shropshire HA
[2000] Lloyd's Rep Med 96
Assessment of damages — Unwanted pregnancy following failed sterilisation — Child born severely disabled — Valuation of general damages, past and future costs, maternal services — Whether commercial cost of services relevant — Discounts for commercial care — Discount rate on multipliers — Rate of interest to apply to general damages
Kent v Griffiths, Roberts and London Ambulance Service
[2000] Lloyd's Rep Med 109
Negligence — Asthma — Duty of care — Ambulance service — Whether ambulance under a duty of care to respond to 999 call — Failure to attend promptly — Proximity
R v Anglia and Oxfordshire Mental Health Review Tribunal, ex p Hagan
[2000] Lloyd's Rep Med 119
Mental Health Act 1983 — Power of reclassification under section 72(5) — Cases in which more than one mental disorder specified in application, order or direction relating to a patient — Whether power extends to deletion of a specified mental disorder — Whether Mental Health Review Tribunal bound to delete reference to mental disorder where that disorder, though present, would not justify detention of the patient if considered on its own
Briody v St Helen's & Knowsley HA
[2000] LS Law Med 127
Assessment of damages — Claimant rendered infertile by defendant's negligence — Claimant entered into commercial surrogacy contract in California — Whether costs of such surrogacy recoverable — Valuation of general damages and loss of earnings
R v London S & SW Region Mental Health Review Tribunal, ex p Moyle
[2000] Lloyd's Rep Med 143
Mental Health Act 1983 — Test to be applied in an application for discharge of a patient under a restriction order in circumstances where the patient would no longer satisfy the requirements for compulsory admission to hospital — Whether the Mental Health Tribunal was entitled under section 73 of the Act to refuse an application in those circumstances
Rajan v General Medical Council
[2000] Lloyd's Rep Med 153
Professional Conduct Committee — Relevant document — First disclosed to practitioner on morning of trial — Lost opportunity to put positive case — Duties of the prosecuting body to give timely disclosure of relevant material helpful to the defence
CJD Disease Group B v Medical Research Council
[2000] Lloyd's Rep Med 161
Psychiatric damage — Injection of Hartree HGH — CJD — Foreseeable harm — Proximity
Nunnerley v Warrington HA
[2000] Lloyd's Rep Med 170
Damages — Wrongful birth claim — Mentally retarded child — Whether parents entitled to costs of care after age of 18 years
Pearman v North Essex Health Authority
[2000] Lloyd's Rep Med 174
Causation — Cauda equina syndrome — Delayed diagnosis of acute disc prolapse — Materiality of timing of surgical intervention — Resolution of conflicting expert evidence — Agreement between experts — Significance of one expert withdrawing agreement
Rand v East Dorset HA
[2000] Lloyd's Rep Med 181
Omission to screen for fetal abnormality — Lost opportunity to terminate — Birth of disabled child — Whether admitted breach of duty sounds in damages — Which heads of damage recoverable — Economic loss limited by reference to parental means — Disabled child's needs not the measure of loss — Whether damages recoverable for loss of amenity for looking after child
Heil v Rankin and Anor and other Appeals
[2000] Lloyd's Rep Med 203
Increases for conventional awards of general damages for pain, suffering and loss of amenity — Law Commission Report (No 257) — Judicial Studies Board Guidelines — Function of Court of Appeal in reviewing level of general damages — Compensation to be fair, just and reasonable — Whether a retrospective increase in general damages contravenes the European Convention on Human Rights
Warren v Northern General Hospital NHS Trust
[2000] Lloyd's Rep Med 234
Damages — Discount rate — Wells v Wells — Damages Act 1996 — Impact of taxation on a large fund
Reynolds v The Health First Medical Group
[2000] Lloyd's Rep Med 240
Strike-out application under Part 3.4 CPR — No reasonable grounds for bringing claim — Whether contractual relationship arises between a GP and NHS patient — Statutory context of relationship — National Health Services Act 1977 and National Health Service (General Medical Services) Regulations 1992 — Claim for wrongful birth
Corbin v Penfold
[2000] LS Law Med 247
Limitation — Date of knowledge under section 14 Limitation Act 1980 — Whether discretion should be exercised in claimant's favour under section 33 — Whether delay on the part of solicitors a relevant consideration when exercising discretion under section 33
Holtby v Brigham & Cowan (Hull) Ltd
[2000] Lloyd's Rep Med 254
Negligence — Asbestosis — Causation — Whether defendant whose tortious act has made a material contribution to the injury is liable in respect of all the disability, or only to the extent that he has contributed to the disability — Burden of proof — Pleadings
R v HM Coroner for Lincoln, ex p Hay
[2000] Lloyd's Rep Med 264
Judicial review — Coroner — Inquest — Death in prison — Non-disclosure of list of witnesses prior to inquest — Insufficiency of inquiry — Coroner not allowing cross-examination of key witnesses following claims of privilege against self-incrimination — Admissibility of police interviews — Refusal to allow adjournment for key witnesses to be traced — Whether misdirection by coroner as to accidental death
Richardson v LRC Products Ltd
[2000] Lloyd's Rep Med 280
Personal injury — Consumer protection — Product liability — Manufacturers — Whether manufacturers liable for failure of condom — Consumer Protection Act 1987, sections 3 and 4
Bordin v St Mary's NHS Trust
[2000] Lloyd's Rep Med 287
Assessment of damages — Fatal Accidents Act claim — Deceased died as a result of negligence when giving birth to claimant — Basis of assessing claimant's dependency — Reasonable figures a notional jury could properly award — Care by grandparents in Spain and Italy — Recovery of travel costs of carers — Percentage reduction for care by relatives — Reduction of multiplier for contingencies
Dad v General Dental Council
[2000] Lloyd's Rep Med 299
Dentist — Disciplinary proceedings — Motoring offences — General Dental Council suspending dentist convicted of motoring offences from register for 12 months — Whether suspension wrong
R v M
[2000] Lloyd's Rep Med 304
Crown Court — Allegations of indecency towards a child — Social Services' records dealing with the Complainant's condition at the time of the allegations allowed in evidence on appeal — Dicta as to duties of Prosecution and Defence in relation to obtaining, advising upon and adducing the records
Firth v Geo Ackroyed Junior Ltd
[2000] Lloyd's Rep Med 312
National Assistance Act 1948 (as amended) — Scope of entitlement of local authority to recover cost of accommodation and care provided under the Act from successful claimant in personal injury claim — Whether claimant entitled as against tortfeasor to indemnity in respect of potential future liability to local authority provider caused by possible change in the law — Whether claimant entitled to sum of damages to reflect this potential future liability
Bhanot v SW London & St George's Mental Health NHS Trust
[2000] Lloyd's Rep Med 324
Contract of employment — NHS Trust — Definition of professional and personal misconduct — Whether decision to treat allegation as of professional or personal misconduct revisable in public or private law
Saeed v The Royal Wolverhampton Hospitals NHS Trust
[2000] Lloyd's Rep Med 331
Contract of employment — NHS Trust — Allegations of misconduct on part of doctor — Whether conduct personal or professional — Scope of Trust's power to decide whether personal or professional disciplinary proceedings to be adopted — Whether Department of Health Circular HC(90)9 incorporated into doctor's terms of service — Whether Trust's decision in breach of contract
Re SL (Adult Patient: Sterilisation)
[2000] Lloyd's Rep Med 339
Sterilisation of female adult mentally incapacitated patient — Alternative contraceptive and therapeutic treatment — Bolam test — Judicial determination of best interests
R v Hammersmith Hospital NHS Trust, ex parte Reffell
[2000] Lloyd's Rep Med 350
Judicial review — Decision by hospital not to treat an overseas patient — No treatment without payment in advance or acceptable guarantees that costs would be met — National Health Service (Charges to Overseas Visitors) Regulations 1989
R v Collins and Ashworth Hospital Authority, ex parte Brady
[2000] Lloyd's Rep Med 355
Mental Health Act 1983 — Force feeding — Whether medical treatment for mental disorder — Precedent fact — “Super–Wednesbury” test — Whether the decision to force-feed was irrational — Incapacity in relation to the decision not to feed
R v General Medical council, ex parte Toth
[2000] Lloyd's Rep Med 368
Doctor — Disciplinary proceedings — General Medical Council — Procedure — General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules Order of Council 1988 — Role of screener — Role of Preliminary Proceedings Committee — Duty of confidentiality in documents disclosed to Complainant
Rand v East Dorset Health Authority (No 2)
[2000] Lloyd's Rep Med 377
Claim for economic loss by parents for deprivation of opportunity to terminate a pregnancy resulting in birth of disabled child — Whether benefits received by parents deductible under statute or common law — Whether benefits received by child deductible — Social Security (Recovery of Benefits) Act 1997
Re F (Adult Patient: Jurisdiction)
[2000] Lloyd's Rep Med 381
Mentally incapable adult — Jurisdiction of court — Whether court having inherent jurisdiction to make declarations affecting the day to day affairs of a mentally incapable adult — Ambit of the doctrine of necessity
Oakes v Hopcroft
[2000] LS Law Med 394
Limitation — Section 14A of the Limitation Act 1980 — Negligence of medical expert in reporting injuries in PI claim — Economic loss claim for disadvantageous settlement of claim — Date of knowledge — Definition of act or omission alleged to constitute negligence — Whether knowledge of greater injury than reported establishes knowledge for economic loss claim
R v Tabassum
[2000] Lloyd's Rep Med 404
Indecent assault — Defence — Allegations of indecent assault upon females — Touching of complainants” breasts — Defence of consent — Defendant collecting information for a survey in connection with breast cancer — Complainants misled as to the defendant having medical qualifications — Whether true consent
A National Health Service Trust v D and Ors
[2000] Lloyd's Rep Med 411
Medical treatment of severely brain damaged infant — Best interests test — Whether application for wardship and for declaration premature — Whether infringement of European Convention on Human Rights — Declaration as to best interests
Re A (Minors) (Conjoined Twins: Separation)
[2000] Lloyd's Rep Med 425
Conjoined twins — Proposed separation — Life prolonging treatment causing death of another — Welfare principle — Conflict of interests — Relevance of parents” views — Homicide — Defence of necessity
Hardman v Amin
[2000] LS Law Med 498
Damages — Wrongful birth claim — Birth of disabled child — Which heads of damage recoverable — Whether allowing mother to continue a pregnancy which she would have terminated if properly advised could amount to a personal injury — Whether cost of care was pure economic loss — Proximity of that loss to the negligent advice — Whether recoverability different in cases of wrongful birth of healthy and disabled children