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GRIFFITHS AND OTHERS v THE CHIEF CONSTABLE OF THE SUFFOLK POLICE AND ANOTHER

[2019] Med LR Plus 1

Fatal accident claim - Murder of third party - Clinical negligence - Breach of human rights - Adequacy of Mental Health Act assessment - Obligation to warn third party and police of risk posed by patient - Duty to protect public - Adequacy of police response - Right to life - Prevention of inhuman and degrading treatment.

WELSH MINISTERS v PJ

[2019] Med LR Plus 2

Mental Health Act community treatment order - Whether a community treatment order can contain conditions amounting to a deprivation of liberty - Construction of statutory provisions interfering with fundamental human rights - Purpose of a community treatment order - Power of Mental Health Review Tribunal in respect of community treatment order conditions.

ARB v IVF HAMMERSMITH AND R (THIRD PARTY)

[2019] Med LR Plus 3

Consent to embyro use for in vitro fertilisation - Contractual liability - Damages for pecuniary loss for upbringing of unwanted child - Public policy acting as bar to such damages.

R (ON THE APPLICATION OF CXF) (ACTING BY HIS MOTHER AND LITIGATION FRIEND) v CENTRAL BEDFORDSHIRE COUNCIL AND ANOTHER

[2019] Med LR Plus 4

Meaning of "after care services" within section 117 of Mental Health Act 1983 - Expenses travelling to support patient - Use of Mental Health Act Code of Practice to interpret Mental Health Act - Statutory interpretation.

XX v WHITTINGTON HOSPITAL NHS TRUST

[2019] Med LR Plus 5

Damages - Illegality - Public policy - Conflict of laws - Surrogacy - Whether damages recoverable for cost of foreign commercial surrogacy arrangements unlawful if made in the United Kingdom - Whether damages recoverable for cost of surrogacy arrangements using own or donor eggs - General damages for pain, suffering and loss of amenity.

RE A (CAPACITY: SOCIAL MEDIA AND INTERNET USE: BEST INTERESTS)

[2019] Med LR Plus 6

Capacity - Best interests - Internet access and use of social media - Contact - Learning disability - Lack of understanding of risks and dangers posed by websites and other internet users - Relevant information to be considered

RE B (CAPACITY: SOCIAL MEDIA: CARE AND CONDUCT)

[2019] Med LR Plus 7

Mental Capacity Act 2005 - Safeguarding - Social media - Interim declarations - Final declarations - Capacity to litigate - Capacity to manage property and affairs - Capacity to decide residence - Capacity to decide care - Capacity to decide contact - Capacity to decide social medial use - Capacity to consent to sexual relations

NWAPA v GENERAL PHARMACEUTICAL COUNCIL

[2019] Med LR Plus 8

General Pharmaceutical Council Fitness to Practise Committee - Adequacy of reasons for finding of impairment of fitness to practise and for sanction

KENNEDY v FRANKEL

[2019] Med LR Plus 9

Informed consent - Parkinson's disease - Knowledge of risk of medication - Causation

BARRY v CARDIFF AND VALE UNIVERSITY LOCAL HEALTH BOARD

[2019] Med LR Plus 10

Clinical negligence - Breach of duty - Causation - The "but for" test - Delay in performing procedure - Assessment of damages

EAST LANCASHIRE HOSPITALS NHS TRUST v PW (BY HIS LITIGATION FRIEND THE OFFICIAL SOLICITOR)

[2019] Med LR Plus 11

Capacity - Paranoid schizophrenia with delusional beliefs - Below knee amputation - Best interests' assessment - Urgent application

LESFORIS v TOLIAS

[2019] Med LR Plus 12

Whether negligent to prescribe chemo-prophylaxis early following spinal surgery - Whether risk factors justified early prescription of chemo-prophylaxis - Whether judge had been correct to reject expert evidence

NORTH WEST ANGLIA NHS FOUNDATION TRUST v GREGG

[2019] Med LR Plus 13

Employment - Contracts - NHS trusts - Disciplinary investigations - Exclusion - Suspension - Licence to practise - Requirement to be fully registered - Deduction of salary - Termination - Parallel criminal investigation - Implied term of mutual trust and confidence - Injunction

ZEROMSKA-SMITH v UNITED LINCOLNSHIRE HOSPITALS NHS TRUST

[2019] Med LR Plus 14

Clinical negligence - Application for anonymity in favour of a claimant pursuant to CPR 39.2 - Whether anonymity necessary exception to principle of open justice - Timing of such applications

R (ON THE APPLICATION OF CHIDLOW) v HM SENIOR CORONER FOR BLACKPOOL AND FYLDE (CHIEF CONSTABLE OF MERSEYSIDE AND NORTH WEST AMBULANCE SERVICE, INTERESTED PARTIES)

[2019] Med LR Plus 15

Inquests - Causation threshold - Causation standard of proof - Galbraith Plus - Statistical evidence.

KEEP THE HORTON GENERAL (ACTING BY KEITH STRANGWOOD) v OXFORDSHIRE CLINICAL COMMISSIONING GROUP (CHERWELL DISTRICT COUNCIL AND OTHERS, INTERESTED PARTIES)

[2019] Med LR Plus 16

National Health Service - Commissioning - Duty to consult public - Fairness - Adequacy.

DIAMOND v ROYAL DEVON AND EXETER NHS FOUNDATION TRUST

[2019] Med LR Plus 17

Clinical negligence - Breach of duty - Consent - Causation - Duty to warn of risk - But for causation - Sufficient cause.

OLLOSSON v LEE

[2019] Med LR Plus 18

Informed consent - Vasectomy - Chronic testicular pain - Incidence and impact of risk - Adequacy of warnings - Causation.

R (MAGUIRE) v HER MAJESTY’S SENIOR CORONER FOR BLACKPOOL AND FYLDE (UNITED RESPONSE AND OTHERS, INTERESTED PARTIES)

[2019] Med LR Plus 19

Inquests - European Convention on Human Rights ("ECHR") article 2 - Deficiencies in care of resident of care home with Down's syndrome - Whether circumstances such as to call state to account - Whether finding of neglect should have been left to the jury

PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE v NURSING AND MIDWIFERY COUNCIL AND NDLOVU

[2019] Med LR Plus 20

Duty of candour in professional medical context - Relevance to protection of public in assessment of fitness to practise

BAILEY AND OTHERS v GLAXOSMITHKLINE UK LTD

[2019] Med LR Plus 21

Consumer Protection Act 1987 - Allegations of defective antidepressant medication - Scope of claimants' pleaded case - Whether claim advanced at trial consistent with pleaded claim

R (MAUGHAN) v HER MAJESTY’S SENIOR CORONER FOR OXFORDSHIRE (THE CHIEF CORONER OF ENGLAND AND WALES, INTERVENER)

[2019] Med LR Plus 22

Conclusions - Inquests - Suicide - Standard of proof - Criminal standard - Civil standard

B (BY HER LITIGATION FRIEND, THE OFFICIAL SOLICITOR) v A LOCAL AUTHORITY

[2019] Med LR Plus 23

Capacity - Mental Capacity Act 2005 - Safeguarding - Capacity to use Social Media - Capacity to decide residence - Capacity to decide care - Capacity to decide contact - Capacity to consent to sexual relations - Whether decisions on capacity in different areas were inherently contradictory

JONES (BY HIS MOTHER AND LITIGATION FRIEND, MRS HARRIS) v TAUNTON AND SOMERSET NHS FOUNDATION TRUST

[2019] Med LR Plus 24

Clinical negligence - Breach of duty - Contemporary responsible body of medical opinion - Obstetric negligence - Choice of tocolytic drug

POMPHREY v SECRETARY OF STATE FOR HEALTH AND NORTH BRISTOL NHS TRUST

[2019] Med LR Plus 25

Clinical negligence - Cauda equina compression - Alleged delay in diagnosis and surgery - Complications and injuries arising from surgery - Causation

TOWER HAMLETS LONDON BOROUGH COUNCIL v NB AND AU

[2019] Med LR Plus 26

Mental capacity - Consent to sexual relations - Whether test person specific - Relevance of expert opinion

SANUSI v GENERAL MEDICAL COUNCIL

[2019] Med LR Plus 27

General Medical Council disciplinary proceedings - Obligation upon Medical Practitioners Tribunal to permit adjournment before proceeding to sanction stage - Failure to take into account documentation submitted to regulator as evidence of mitigation

BIRMINGHAM CITY COUNCIL v SR LANCASHIRE COUNTY COUNCIL v JTA

[2019] Med LR Plus 28

Mental Health Act 1983 - Conditional discharge - Mental Capacity Act 2005 - Power to authorise deprivation of liberty

HALLETT v DERBY HOSPITAL NHS FOUNDATION TRUST

[2019] Med LR Plus 29

Health - Employment - Contracts - NHS trusts - Junior doctors - Working time - Rest breaks - Monitoring

R (KUZMIN) v GENERAL MEDICAL COUNCIL

[2019] Med LR Plus 30

Medical Practitioners Tribunal Service of the General Medical Council - Whether panel entitled to draw inferences adverse to practitioner from his declining to give evidence at a hearing of charges brought against him

ZZZ v YEOVIL DISTRICT HOSPITAL NHS FOUNDATION TRUST

[2019] Med LR Plus 31

Clinical negligence - Contribution proceedings - Whether failure to adequately assess and safeguard unstable spinal injury - Whether failure responsible for avoidable neurological injury

A LOCAL AUTHORITY v JB ((BY HIS LITIGATION FRIEND, THE OFFICIAL SOLICITOR) (CAPACITY: CONSENT TO SEXUAL RELATIONS AND CONTACT WITH OTHERS))

[2019] Med LR Plus 32

Capacity - Mental Capacity Act 2005 - Safeguarding - Capacity to consent to sexual relations - Whether test for capacity to consent to sexual relations includes matters relating to consent of partner - Capacity to decide contact - Best interests

CASE NO: CO/2767/2019 TAFIDA RAQEEB (BY HER LITIGATION FRIEND SHABANA BEGUM) v BARTS NHS FOUNDATION TRUST SHALINA BEGUM AND MUHHAMED RAQEEB (INTERESTED PARTIES)

[2019] Med LR Plus 33

Medical ethics - Withdrawal of life sustaining treatment - Child - Best interests - Disagreement between parents and doctors - Whether decision of NHS Trust amenable to judicial review - Whether decision a breach of child's EU rights

BASHIR (BY HIS LITIGATION FRIEND SAMANTHA LOUISE HAMILTON) v BASHIR (BY HER LITIGATION FRIEND SATPAL SINGH BHATT)

[2019] Med LR Plus 34

Court of Protection - Mental Capacity Act 2005 - Deputies - Sale of property - Regaining capacity - Settlement - Validity - Whether a person can make a binding agreement when under the jurisdiction of the Court of Protection

CASE NO: FD19P00378 BARTS NHS FOUNDATION TRUST v SHALINA BEGUM AND MUHHAMED RAQEEB TAFIDA RAQEEB (BY HER CHILDREN’S GUARDIAN) AND SHABANA BEGUM

[2019] Med LR Plus 35

Medical ethics - Withdrawal of life sustaining treatment - Child - Best interests - Disagreement between parents and doctors - Whether decision of NHS Trust amenable to judicial review – Whether decision a breach of child's EU rights

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