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RK and MK v Oldham NHS Trust and Dr B

[2003] Lloyd's Rep Med 01

Preliminary Issues — Negligence, Human Rights Act Article 8 and European Convention on Human Rights and Freedoms — CPR 2.4 and 24 — Whether the Claimants could show a real prospect of success on any of three issues — First issue whether the patient of the Defendants, a minor, had suffered a recognisable injury for which a remedy would be provided — Second issue whether the parents of the minor were owed a duty of care — Were the parents sufficiently proximate and was it fair, just and reasonable to impose a duty — Third issue did any Claimant have a valid Convention claim justiciable in the English Jurisdiction

JD v East Berkshire Community NHS Trust & Ors

[2003] Lloyd's Rep Med 09

Negligence — Duty of care — Whether fair just and reasonable — Preliminary issue — Doctor — Parent — Child patient — Psychiatric injury — Diagnosis of Munchausen's syndrome by proxy

MAK & RAK v Dewsbury NHS Trust & Kirklees MC

[2003] LS Law Med 13

Negligence — Duty of care — Doctor's diagnosis leading to child abuse investigation — Psychiatric injury — Whether duty of care “fair just and reasonable” — Summary judgment under CPR Parts 3.4 and 24

S v Airedale National Health Service Trust

[2003] Lloyd's Rep Med 21

Judicial Review — Lawfulness of seclusion of patient detained under the Mental Health Act 1983 — Whether seclusion can amount to breach of patient's human rights under Articles 3, 5 and 8 of European Convention of Human Rights and Human Rights Act 1998 — Whether seclusion can amount to false imprisonment — Test to be applied when determining lawfulness of seclusion — Relationship between Code of Practice and decisions relating to seclusion policy — Information to be relied upon by medical officer when assessing treatment and risk posed by detained patient

North Glamorgan NHS Trust v Walters

[2003] Lloyd's Rep Med 49

Negligence — Nervous shock — Horrifying event — Sudden appreciation

Rao v General Medical Council

[2003] Lloyd's Rep Med 62

General Medical Council — Professional Conduct Committee — Role of legal assessor — Effect of inappropriate advice — Scope of serious professional misconduct — Single clinical error

Subramanian v General Medical Council

[2003] Lloyd's Rep Med 69

General Medical Council — Professional Conduct Committee — Apparent bias — Investigation and disclosure — Separation of charges — Whether erasure disproportionate

R (N) v Dr M & Ors

[2003] Lloyd's Rep Med 81

Judicial review — Mental Health Act 1983 — Section 58 — Section 63 — Treatment without consent — Second opinion appointed doctor's opinion — Standard of proof — Relevance of best interests — Satisfying the Bolam test is not sufficient — Relevance of medical necessity — Whether proposed treatment has been “convincingly shown” to be medically necessary.

C v Dr AJ Cairns

[2003] Lloyd's Rep Med 90

Disclosure of sexual abuse to child's general practitioner — Doctor/patient confidentiality — Overriding duty to act in best interests of child — Best interests assessed by standards of the time — Limitation — Date of knowledge — Exercise of Court's discretion.

Gregg v Scott

[2003] Lloyd's Rep Med 105

Clinical negligence — Delay in diagnosis of cancer — Causation — Loss of a chance — Claim for reduced life expectancy

Hospital Authority v C

[2003] Lloyd's Rep Med 130

Pregnant patient lacking mental capacity — Best interests — Whether proposed Caesarean section in patient's best interests — Meaning of best interests — Relevance of husband's opposition to proposed operation — Hong Kong Mental Health Ordinance

An Hospital NHS Trust v S and Others

[2003] Lloyd's Rep Med 137

Capacity — Patient with severe developmental disorder and in renal failure — Whether and to what extent forms of dialysis and/or kidney transplant in patient's best interests

Leeds Teaching Hospitals NHS Trust v Mr A and Others

[2003] Lloyd's Rep Med 151

Section 28 of the Human Fertilisation and Embryology Act 1990 — Consent — Whether consent to fertility treatment vitiated by mistake — Whether biological father was legal father — Article 8 of the European Convention on Human Rights

Alan Andrew Ball v Wirral Health Authority

[2003] Lloyd's Rep Med 165

Clinical negligence — Clinicians not available to give evidence due to passage of time — Reconstruction by experts from available notes — Difficulties of determining applicable standards of period

KR & Ors v Bryn Alyn Community (Holdings) Ltd and Anor

[2003] LS Law Med 175

Negligence — Sexual abuse in care home — Limitation — Knowledge of significance of injury — Section 33 discretion — Limitation period for vicarious liability for intentional tort — Quantum of damages — Apportionment of damages between contributory causes

Derek Howarth v Frederick Whittaker

[2003] Lloyd's Rep Med 235

Negligence — Damages — Claimant receiving care at expense of local authority — Whether value of such care to be taken into account in assessing damages for future care — Whether claimant entitled to indemnity from defendant in respect of potential liability in respect of past care costs

Masterman-Lister v Brutton

[2003] Lloyd's Rep Med 244

Mental Health Act sections 1(2) and 94(2) — Approval of award of damages under Order 80 rule 10 and CPR 21.10 — Whether claimant incapable of managing and administering his property and affairs within the meaning of the Mental Health Act 1983 — Test to be applied in deciding capacity to bring or defend proceedings

McGlinchey and Others v The United Kingdom

[2003] Lloyd's Rep Med 264

Inadequate medical care by prison authorities towards prisoner causing distress and discomfort not amounting to physical or psychological injury — Whether sufficient to give rise to breach of article 3 of ECHR

Raji v General Medical Council

[2003] Lloyd's Rep Med 280

General Medical Council — Professional Conduct Committee — Erasure from register — Application for restoration — Refusal of application — Indefinite suspension of right to make further applications for restoration — Whether fair to determine issues of restoration and suspension together

Giullietta Galli-Atkinson v Sudhaker Seghal

[2003] Lloyd's Rep Med 285

Road traffic accident — Psychiatric injury — Nervous shock — Secondary victim — Recoverability of damages — Proximity — Extent of the “Immediate Aftermath”

R (Quintavalle) v HFEA

[2003] Lloyd's Rep Med 294

Human Fertilisation and Embryology Act 1990 — In vitro fertilisation — Licence for treatment — Tissue typing — Treatment services — Whether tissue typing necessary or desirable for the purpose of assisting women to carry children — Whether tissue typing designed to determine whether embryo suitable for the purpose of being placed in a woman — Pre-implantation genetic diagnosis — [2003] EWCA Civ 667

R v HM Coroner for London ex p Douglas-Williams

[2003] Lloyd's Rep Med 317

Coroner — Judicial Review — Unlawful act manslaughter — Gross negligence manslaughter — Necessity or desirability of fresh inquest

Sacker v HM Coroner for West Yorkshire

[2003] Lloyd's Rep Med 326

Death in custody — Article 2 ECHR — Evidence of systemic neglect — Action under Rule 43 of the Coroners Rules 1984 — Neglect rider — Whether the jury should have been given the opportunity to add a rider that neglect had contributed to the death — Judicial review — Delay in application — Delay caused by time taken to obtain legal funding

Dr Michael Silver v General Medical Council

[2003] Lloyd's Rep Med 333

General Medical Council — Professional Conduct Committee — Assessment of factual evidence — Doctor's responsibility for practice management — Serious professional misconduct — Basis of finding

“A” v The Ministry of Defence and Guy's and St Thomas” Hospital NHS Trust

[2003] Lloyd's Rep Med 339

Negligence — Non-delegable duty of care — Liability of employer for negligence of independent contractor

AB and others v Leeds Teaching Hospitals NHS Trust

[2003] Lloyd's Rep Med 355

Group litigation — Organ retention cases — Power of court to pre-emptively cap costs — Appropriateness of imposition of a cap on legal costs — Test to be applied and factors considered in imposing cap

Gaynor N & Anor v Warrington Health Authority & Anor

[2003] Lloyd's Rep Med 365

Permission to appeal — Preliminary issue — Whether claimants can recover damages in respect of the care of an unwanted disabled child after the child has reached the age of 18 years — Whether agreement of parties as to law of damages should be reassessed in light of a subsequent decision of the House of Lords

Skidmore v Dartford & Gravesham NHS Trust

[2003] Lloyd's Rep Med 369

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

Ackroyd v Mersey Care NHS Trust

[2003] Lloyd's Rep Med 379

Confidentiality of clinical records — Disclosure of patient's clinical records to journalist — Whether order for disclosure of journalist's source of clinical records appropriate — Contempt of Court Act section 10 — European Convention on Human Rights article 10

Godfrey v Gloucestershire Royal Infirmary

[2003] LS Law Med 398

Preliminary issue limitation trial — Section 14 Limitation Act 1980 — Date of knowledge — Exercise of discretion under section 33 Limitation Act 1980 — Whether cost of upbringing unwanted child is pure or consequential economic loss — Whether action is for damages consisting of or including damages in respect of personal injuries

British Medical Association v Chaudhary

[2003] Lloyd's Rep Med 409

Discrimination — Race — Admission to grade of Specialist Registrar and to Specialist Register — Whether application of discriminatory policy constitutes continuing act — Whether right of appeal from decision of Specialist Training Authority ousts jurisdiction of employment tribunal

R v Secretary of State for Health, ex p Khan

[2003] Lloyd's Rep Med 429

Judicial review — Whether under Article 2 of the European Convention on Human Rights, the circumstances gave rise to a duty of the state to investigate death — Whether Secretary of State has power to provide funding for legal representation for the family at inquest — Whether there was compliance with article 2 — If not, whether there was an obligation for Secretary of State to fund legal representation for the family at an inquest — Retrospectivity of Human Rights Act.

Cattanach v Melchior

[2003] Lloyd's Rep Med 447

Medical negligence — Negligent advice following sterilisation procedure — Birth of unwanted but healthy child — Whether damages recoverable for past and future costs of raising and maintaining child — Whether award of damages should be reduced by reference to benefits and pleasures derived, or to be derived, from child

B and others v Attorney-General and others

[2003] Lloyd's Rep Med 527

Negligence — Duty of care — Statutory duty imposed — Whether concurrent common law duty existed — To whom duty of care owed

Colonel Munjaz v Mersey Care NHS Trust

[2003] Lloyd's Rep Med 534

Seclusion of compulsorily detained psychiatric patients — Code of Practice issued under section 118 Mental Health Act 1983 — Status of Code — Whether departures from Code lawful — Criterion for lawful seclusion — Whether seclusion otherwise than in accordance with Code false imprisonment — Articles 3, 5 and 8 ECHR