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Whiten v St George’s Healthcare NHS Trust
[2012] LS Law Med 1
Damages — Life expectancy — Uncertainties of future tax liabilities — Conflicts of interest of experts — Accomodation costs — Mitigation of loss
Edwards v Chesterfield Royal Hospital NHS Foundation Trust
[2012] Med LR 93
Employment — Dismissal — Breach of express terms of contract — Contractual disciplinary procedures — Summary dismissal for gross misconduct following breach of contractual disciplinary procedure — Damages — Extent of the Johnson exclusion area
R (Sessay) v South London and Maudsley NHS Foundation Trust
[2012] Med LR 123
Judicial review — Common law necessity — Deprivation of liberty - Article 5 of the ECHR — Use of section 5 and 6 Mental Capacity Act — Police use of place of safety — Detention prior to section 2 or section 4 Mental Health Act assessment — Mental Health Act, section 136
R (X) v General Medical Council
[2012] Med LR 139
General Medical Council — Fitness to Practise Panel — Application for voluntary erasure from medical register on grounds practitioner suffering from severe depression unlikely to be resolved in near future — Whether Panel correct to allow reference to be made in public hearing to specific nature of condition and its prognosis
Lim v Royal Wolverhampton Hospitals NHS Trust
[2012] LS Law Med 146
Employment — Injunction — Maintaining High Professional Standards — Capability — Misconduct — Requirement for advice of NCAS assessment panel — Delay in disciplinary process
Hussain v Surrey & Sussex Healthcare NHS Trust
[2012] LS Law Med 163
Consultant's contract of employment — Incorporation of disciplinary procedure — Power of suspension — Procedure for hearing conduct allegations
FP v Taunton & Somerset NHS Trust (No 2)
[2012] LS Law Med 195
Interim payment — CPR Rule 25.7 —
Eeles approach to assessment of interim award — Whether claimant's needs relevant — Capitalisation of future heads of loss
General Dental Council v Savery
[2012] LS Law Med 204
Medical records — Use by regulatory body in disciplinary proceedings — Whether use without patient consent or court order lawful — Safeguards required for lawful use — Restrictions on lawful use
Rabone v Pennine Care NHS Trust
[2012] LS Law Med 221
Human Rights Act 1998 — Operational obligation under article 2 in respect of the suicide of patient not compulsorily detained under the Mental Health Act 1983 — Status of parents as victims per se and in the light of settlement of common law claim — Limitation
Crawford v Suffolk Mental Health Partnership NHS Trust
[2012] LS Law Med 246
Employment — Unfair dismissal — Health — Disciplinary — Procedural errors — Restraint — Police involvement in disciplinary matters
Smithurst v Selant Construction Services Ltd
[2012] LS Law Med 258
Causation — Assessment of damages — Acceleration of injury — Risk of injury — Disc prolapse
Buck v Norfolk and Waveney Mental Health NHS Foundation Trust
[2012] LS Law Med 266
Negligence — Duty of care — Psychiatric in-patient on leave without escort — Throwing self under bus — Harm caused to claimant bus driver — Whether defendant owed claimant a duty as a member of the public
Malik v UK
[2012] LS Law Med 270
National Health Service (Performers Lists) Regulations 2004 — Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 2004 — Article 1 of the First Protocol of the ECHR — Human Rights Act 1998 — Possession — Goodwill — Future income — Legitimate expectation of future earnings — Damages
Ujam v General Medical Council
[2012] LS Law Med 285
General Medical Council — Fitness to Practise Panel — Sexual harassment of colleagues — Whether maintaining public confidence in profession required a finding of impairment of fitness to practise when misconduct followed by good conduct to date of hearing — Whether Panel correct in its assessment of appellant's lack of insight — Whether sanction of suspension of registration wrong
Oxborrow v West Suffolk Hospitals NHS Trust
[2012] LS Law Med 297
Damages — Interim payment — Claim where Periodical Payments Order might be made — Application of principles in Cobham Hire Services Ltd v Eeles
— Accommodation costs — Applicability of formula in Roberts v Johnstone
Ministry of Defence v AB
[2012] LS Law Med 306
Limitation — Personal injury — Knowledge — Discretion to disapply.
DD v Durham County Council
[2012] LS Law Med 348
Mental Health Act permission to bring civil proceedings — Mental Health Act, section 139 — Extent of responsibilities owed by Approved Mental Health Practitioners — Vicarious liability for Approved Mental Health Practitioners.
R (HA (Nigeria)) v Secretary of State
[2012] LS Law Med 353
Detention under the UK Borders Act 2007 — Whether detention lawful when detainee was suffering from mental illness — Whether detention amounted to degrading treatment in breach of article 3 ECHR — Duty to transfer detainee to hospital.
Nicklinson v Ministry of Justice
[2012] LS Law Med 383
Locked in syndrome — Application for declarations permitting voluntary active euthanasia — Application to strike out — Whether voluntary active euthanasia might be deemed not unlawful on grounds of necessity — Whether criminalisation of voluntary active euthanasia and assisted suicide compatible with article 8 of ECHR — Whether current law and practice regulating active euthanasia compatible with article 2 of ECHR.
Simon v Helmot
[2012] LS Law Med 394
Discount rate — Future loss — Loss of earnings — Future care — Guernsey
Woodland v Essex County Council
[2012] LS Law Med 419
Negligence — Duty of Care — Non-delegable duty — Local Authority — Personal Injury — Education — Schools — Strike Out — Desirability of shaping the ambit of duty of care with findings of fact — Fair, just and reasonable — Neighbour principle
Coombs v Dorset NHS Primary Care Trust
[2012] LS Law Med 438
Mental health — Negligence — Damages — Special damages — Public policy — Cost of future care and treatment — Whether detained patient prevented from paying for own care and treatment
SM v HM
[2012] LS Law Med 449
Court of Protection — Persons lacking capacity — Deputies — Personal injury trust — Relevant considerations in determining whether to order creation of a personal injury trust or appoint a deputy
A Local Authority v E
[2012] LS Law Med 472
Capacity of anorexic sufferer to refuse treatment involving tube feeding — Validity and applicability of advanced decision to do so — Declaration in favour of life-sustaining treatment involving forcible feeding
Chhabra v West London Mental Health NHS
[2012] LS Law Med 489
Employment — Breach of contract — Contractual disciplinary procedures — Gross misconduct — Capability — Misconduct charges not grounded in case investigator’s report — Injunctive relief
Fish v General Medical Council
[2012] LS Law Med 512
General Medical Council — Fitness to Practise Panel — Allegation of dishonesty — Deletion of declaration of truth from timesheets submitted for payment — Whether deletions made by appellant — Whether dishonesty proved
Selwood v Durham County Council and others
[2012] LS Law Med 531
Clinical negligence — Human Rights Act — Duty of care — Liability of public authority for criminal act of third party at common law and where breach of obligation under ECHR article 2 alleged
R (Nicklinson) v Ministry of Justice
[2012] LS Law Med 544
Judicial review — Voluntary euthanasia — Assisted suicide — Suicide Act 1961, section 2 — Defence of necessity — European Convention on Human Rights, article 8 — Whether further clarification of DPP policy on assisted suicide required
Kerslake v North West London Hospitals NHS Trust
[2012] LS Law Med 568
Employment — Medical practitioner — Contract of employment — Investigation into breakdown in working relationships — Proposal to hold hearing outwith protections of framework document Maintaining High Professional Standards in the Modern NHS (“MHPS”) — Exclusion from work — Whether investigation involved matters of “conduct” or “capability” so as to engage MHPS
R (Lawrence) v General Medical Council
[2012] LS Law Med 608
General Medical Council — Fitness to Practise Panel — Whether procedural unfairness — Expertise of Panel — Whether adequate reasons given for findings of fact
R (Lawrence) v General Medical Council
[2012] LS Law Med 692
Remedy hearing following the decision between the same parties reported under [2012] EWHC 464 (Admin) — General Medical Council — Fitness to Practise Panel — Whether procedural unfairness — Expertise of Panel — Whether adequate reasons given for findings of fact — Order quashing FTPP findings
Mattu v Coventry & Warwickshire NHS Trust
[2012] LS Law Med 695
Employment — NHS Trust Disciplinary procedure — Professional or Personal Conduct — Fairness of proceeding with disciplinary hearing in the absence of employee — Engagement of ECHR, article 6
Perry v Nursing and Midwifery Council
[2012] LS Law Med 723
Interim Suspension — Conditions of Practice — Threshold — Nursing and Midwifery Council — Guidance to Panels — Standard Operating Procedure — Disputed facts — ECHR, articles 6 and 8