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JAMES v AINTREE UNIVERSITY HOSPITALS NHS FOUNDATION TRUST

[2014] Med LR 1

Mental Capacity Act 2005 – Adult – Best interests – Withholding of life sustaining medical treatment – Futility of medical treatment.

Sardar v NHS Commissioning Board

[2014] Med LR 12

Clinical negligence - Instrumental delivery - Shoulder dystocia - Erb's palsy - Excessive traction - Posterior shoulder - Non-negligent explanation for injury - Unsatisfactory expert evidence.

BHATNAGAR v GENERAL MEDICAL COUNCIL

[2014] Med LR 27

General Medical Council – Interim Orders Panel – Order of interim suspension from Medical Register – Application to terminate order under Medical Act 1983, section 41A(10) – Whether allegations as to lack of probity justified order.

SM v HM

[2014] Med LR 40

Administration of compensation funds on behalf of minor protected party – Deputyship the normal arrangement – Circumstances in which trust rather than deputyship may be authorised by Court of Protection.

SARJANTSON v CHIEF CONSTABLE OF HUMBERSIDE POLICE

[2014] Med LR 63

Right to life – ECHR, article 2 – Osman – Positive operational duty – Inhuman or degrading treatment – ECHR, article 3 – Causation.

KREBS v NHS COMMISSIONING BOARD

[2014] Med LR 70

General dental practitioner – Contract – Contract for the provision of dental services under the NHS – Breach of contract – Termination of contract – Whether private and public law remedies available to dental contractor – Whether article 1 of First Protocol to ECHR engaged by termination of contract.

HIBBERT v GENERAL MEDICAL COUNCIL

[2014] Med LR 84

General Medical Council – Waiver of the five-year rule – Judicial review – Quashing decision – Retrospective effect – Jurisdiction of Registrar to reconsider decision.

BEDFORD v BEDFORDSHIRE COUNTY COUNCIL

[2014] Med LR 89

Human Rights Act, section 7 – Whether it was equitable to extend time for the issue of proceedings – ECHR, article 8 – Whether the Osman test of a real and immediate risk to an identified individual applied – Whether the local authority was liable for operational errors of a children's home.

WEST LONDON MENTAL HEALTH NHS TRUST v CHHABRA

[2014] Med LR 111

Employment – Breach of contract – Contractual disciplinary procedures – Gross misconduct – Capability – Injunctive relief.

MEIKLEJOHN v ST GEORGE'S HEALTHCARE NHS TRUST AND ANOTHER

[2014] Med LR 122

Informed consent – Whether necessary for samples taken for research – Standard of care – Whether higher for clinician of national and international standing.

LEIGH v LONDON AMBULANCE SERVICE NHS TRUST

[2014] Med LR 134

Clinical negligence – Psychiatric injury secondary to pain and distress of physical injury – Whether period of negligent delay in treatment causative in law of post-traumatic stress disorder – Whether dissociative seizures secondary to post-traumatic stress disorder – Quantum of injuries.

DUSZA AND ANOTHER v POWYS TEACHING LOCAL HEALTH BOARD

[2014] Med LR 147

Contract – National Health Service – Local Health Boards – Dentists – Dental examinations – Duty to make clinical records – Standard General Dental Services Contract – Course of treatment – Whether examination meant full mouth examination – Failure to record carrying out a dental examination in the dental record – Dentists' entitlement to payment.

JACK FARRUGIA (A PROTECTED PARTY BY HIS MOTHER AND LITIGATION FRIEND LORRAINE FARRUGIA) v (1) STEVEN BURTENSHAW(2) THE MOTOR INSURERS BUREAU (IN SUBSTITUTION FOR ZURICH INSURANCE PLC)(3) QUINN INSURANCE LTD

[2014] Med LR 153

Damages - Life expectancy - Future care - Periodical payments - Security - Indexation - Provisional damages.

C (BY HIS FATHER AND LITIGATION FRIEND F) v NORTH CUMBRIA UNIVERSITY HOSPITALS NHS TRUST

[2014] Med LR 189

Clinical negligence trial – Breach of duty – Principles and considerations applying to assessment of expert evidence – Analysis of the words “responsible”, “reasonable” and “logical” as used in Bolam and Bolitho – Correct approach to defence and claimant expert evidence in a professional negligence action.

WHITE AND TURNER v NURSING AND MIDWIFERY COUNCIL

[2014] Med LR 205

Nursing and Midwifery Council – Conduct and Competence Committee – Whether correct to admit in evidence anonymous hearsay.

WARREN v CARE FERTILITY (NORTHAMPTON) LTD HUMAN FERTILISATION AND EMBRYOLOGY AUTHORITY (INTERESTED PARTY)

[2014] Med LR 217

Consent to storage of sperm – Right to a family life – Interpretation of fertility regulations in accordance with right to family life – Human Rights Act 1998, section 3.

R (ON THE APPLICATION OF BLUE BIO PHARMACEUTICALS LTD AND ANOTHER) v SECRETARY OF STATE FOR HEALTH (ACTING BY HIS EXECUTIVE AGENCY MHRA) AND HEALTH FOOD MANUFACTURERS' ASSOCIATION (INTERESTED PARTY)

[2014] Med LR 233

Pharmaceuticals – Medicinal products – Food supplements – Meaning of “medicinal product” for the purposes of the Medicines Directive (2001/83/EC) – To what extent products containing glucosamine “medicinal products” for purposes of Directive – Whether MHRA policy in respect of such products unlawful.

R (ON THE APPLICATION OF A) (BY HER LITIGATION FRIEND B) AND B v SECRETARY OF STATE FOR HEALTH

[2014] Med LR 246

Abortion – National Health Service – Access to abortion in England – Residence based system – Ordinary residence – Northern Ireland – Discrimination – National Health Service Act 2006 – European Convention on Human Rights.

NOTTINGHAMSHIRE HEALTHCARE NHS TRUST v RC

[2014] Med LR 260

Mental capacity – Mental health – Human rights – Refusal of life-saving treatment on religious grounds – Advance decision – Right to life – Lawfulness of clinician's decision not to treat.

LLOYD-OWEN v SPIRE HEALTHCARE LTD

[2014] Med LR 268

Discipline – Interim injunction – Hearings – Legal representation – Nurses – Breach of contract – Disability – Reasonable adjustments.

R (ON THE APPLICATION OF TRACEY) v CAMBRIDGE UNIVERSITY HOSPITALS NHS FOUNDATION TRUST AND OTHERS

[2014] Med LR 273

Medical treatment – Do Not Attempt Cardio-Pulmonary Resuscitation notices – Right to be notified and consulted – ECHR, article 8.

COLLINS v SECRETARY OF STATE FOR BUSINESS INNOVATION AND SKILLS AND ANOTHER

[2014] Med LR 291

Personal injury – Limitation Act 1980 – Assessment of date of constructive knowledge – Exercise of discretionary power to disapply period of limitation – Factors to be considered in exercise of power – Weight to be applied to time elapsed before and after date of knowledge.

NHS COMMISSIONING BOARD (KNOWN AS NHS ENGLAND) v BARGAIN DENTIST.COM NHS COMMISSIONING BOARD (KNOWN AS NHS ENGLAND) v YELLON YELLON v NHS COMMISSIONING BOARD (KNOWN AS NHS ENGLAND)

[2014] Med LR 301

NHS dental services – Arrangement for provision of services – Liability for breach of non-contractual terms.

PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE v GENERAL MEDICAL COUNCIL AND ANOTHER

[2014] Med LR 311

General Medical Council - Professional Standards Authority for Health and Social Care - Fitness to Practise Panel - Psychiatrist's website and blog offering free online services - Whether conduct amounted to medical practice or was in the exercise of professional practice or medical calling - Whether duty to explain limitations of online service – Whether allegation of failure to do something included culpability.

P v CHESHIRE WEST AND CHESTER COUNCIL AND ANOTHER; P AND ANOTHER v SURREY COUNTY COUNCIL

[2014] Med LR 321

Deprivation of liberty – Mental capacity – Incapacity – Disability – Vulnerable adult – Living arrangements for mentally incapacitated persons – European Convention on Human Rights, article 5 – Constant supervision and control – Residence and care arrangements amounting to a deprivation of liberty – Lack of objection to supervision and control – Relative normality – Supported living arrangements – Foster parents.

IM v LM AND OTHERS

[2014] Med LR 345

Court of Protection – Sexual relations – Capacity – Consent – Best interests – Mental Capacity Act 2005.

PROFESSIONAL STANDARDS AUTHORITY v GENERAL CHIROPRACTIC COUNCIL AND ANOTHER

[2014] Med LR 363

General Chiropractic Council – Professional Conduct Committee – Allegation of practising unregistered and uninsured – Whether charge should have included dishonesty – Whether sanction was unduly lenient.

MCDAID v NURSING AND MIDWIFERY COUNCIL

[2014] Med LR 368

Nursing and Midwifery Council – Discipline – Conduct and Competence Committee – Register of Midwives – Dishonesty – Forgery – False instrument – New charges – Striking off.

CHAKRABARTY v IPSWICH HOSPITAL NHS TRUST AND NATIONAL CLINICAL ASSESSMENT SERVICE (INTERESTED PARTY)

[2014] Med LR 379

Employment – Breach of contract – Contractual disciplinary procedures – Capability – Maintaining High Professional Standards in the Modern NHS (“MHPS”) – Relationship between NCAS assessments, GMC Fitness to Practise procedures and internal disciplinary process – Injunctive relief.

SMITH v BAILEY

[2014] Med LR 408

Interim payment application – Appropriate approach to calculation of future accommodation claim – Capital sum versus periodic payment approach – Whether award of periodic payment for rent appropriate.

N AND ANOTHER v E AND OTHERS (RE E)

[2014] Med LR 417

Costs – Discretion – Different rules for proceedings concerning property and affairs and those concerning personal welfare – Apportionment – Means of the parties – Mental Capacity Act 2005.

SANDWELL AND WEST BIRMINGHAM HOSPITALS NHS TRUST v CD AND OTHERS

[2014] Med LR 424

Withholding life sustaining treatment – Persons lacking capacity – Practice guidance – Urgent applications – Timing of applications – Preparation for urgent applications.

REANEY v UNIVERSITY HOSPITAL OF NORTH STAFFORDSHIRE NHS TRUST AND ANOTHER

[2014] Med LR 433

Clinical negligence – Correct approach to causation of loss where a negligently acquired injury is super-imposed on a pre-existing, non-negligently caused injury – Whether credit should be given for care required in any event considered and Sklair applied.