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BELL (A PROTECTED PARTY SUING BY HER STEPFATHER AND LITIGATION FRIEND URSELL) v BEDFORD HOSPITAL NHS TRUST

[2020] Med LR Plus 1

Clinical negligence - Failure to diagnose transient ischaemic attacks and the possibility of stroke - Whether defendant in breach of duty - Whether subsequent major stroke was caused by atherosclerosis amenable to medication - Whether claimant would have been compliant with such treatment - If so whether such treatment would have prevented the major stroke from occurring

AROWOJOLU v GENERAL MEDICAL COUNCIL

[2020] Med LR Plus 2

Fitness to practice - Sexual assault - Evidence - Credibility - Relevance of previous allegation by complainant

RAQEEB v BARTS HEALTH NHS TRUST (COSTS)

[2020] Med LR Plus 3

Costs - Whether costs to follow the event in Children Act proceedings - Whether costs to follow the event in judicial review - Exercise of costs' discretion - Children Act 1989, section 8 - Children Act 2004, section 11(2)(a) - Civil Procedure Rules, rr 44.2, 44.10 - Family Procedure Rules, r 28.1 - Senior Courts Act 1981, sections 31(2A), 51(1)(b)

JK v A LOCAL HEALTH BOARD

[2020] Med LR Plus 4

Autism Spectrum Disorder - Psychiatric hospital - Refusal to eat - Mental capacity - Force feeding - Manifestation of mental disorder - Treatment to alleviate or prevent a worsening of mental disorder - Mental Health Act 1983, section 63 - Inherent jurisdiction - Declaratory relief

APPLICATIONS RELATING TO MEDICAL TREATMENT: GUIDANCE AUTHORISED BY THE HONOURABLE MR JUSTICE HAYDEN, THE VICE PRESIDENT OF THE COURT OF PROTECTION

[2020] Med LR Plus 5

Mental Capacity Act 2005 - Medical treatment - Mental capacity - Best interests - Guidance - Circumstances in which application should be made - Practice and procedure

ASHLEY PAIGE SANDERSON (BY HER LITIGATION FRIEND, BEVERLY SANDERSON) v GUY’S AND THOMAS’ NHS FOUNDATION

[2020] Med LR Plus 6

Clinical negligence - Preliminary hearing of liability issues - Allegations of substandard obstetric care - Whether delay in proceeding to instrumental delivery - Interpretation of NICE Guidelines

UWEN v GENERAL MEDICAL COUNCIL

[2020] Med LR Plus 7

Medical Practitioners Tribunal of the General Medical Council - Whether test of dishonesty correctly applied - Whether sanction of erasure from the Medical Register disproportionate

R (GOSSIP) v NHS SURREY DOWNS CLINICAL COMMISSIONING GROUP

[2020] Med LR Plus 8

Application for judicial review of NHS Clinical Commissioning Group refusal of NHS continuing healthcare - Eligibility for NHS Continuing Healthcare - Status of National Framework for NHS Continuing Healthcare - Whether need for nursing care determinative of eligibility for NHS continuing healthcare

SWIFT v CARPENTER (THE PERSONAL INJURIES BAR ASSOCIATION, INTERVENER)

[2020] Med LR Plus 9

Protective costs order - Judicial policy and practice - Corner House rules - Public law requirement - Discretion - Delay

JESUDASON v ALDER HAY CHILDREN’S NHS FOUNDATION TRUST

[2020] Med LR Plus 10

Protected disclosures - Whistle-blowing - NHS Trusts - Disclosures to other persons, media - Post-employment disclosures - Detriment - Reason for treatment - Direct race discrimination - Rule in Browne v Dunn

GUYS AND ST THOMAS’ NHS FOUNDATION TRUST AND ANOTHER v R

[2020] Med LR Plus 11

Capacity - Mental Capacity Act 2005 - Inherent jurisdiction - Jurisdiction - Urgent application - Delay - Contingent declarations - Pregnancy - Caesarean section - Best interests - Obstetric planning - Autonomy

RE M (DECLARATION OF DEATH OF CHILD)

[2020] Med LR Plus 12

Death - Babies - Medical treatment - Declaration of death - Definition of death - Brainstem death - Withdrawal of mechanical ventilation - Expert evidence - Reporting restrictions - Non-applicability of "best interests" test

R (A AND KEPPEL) v SOUTH KENT COASTAL CCG AND OTHERS (KENT COUNTY COUNCIL AND ANOTHER, INTERESTED PARTIES)

[2020] Med LR Plus 13

Judicial review - Decision by Clinical Commissioning Group to reorganise the delivery of NHS stroke services in Kent - Adequacy of consultation - Whether breach of statutory duty under NHS Act 2006, section 14Z2 in relation to consultation - Whether failure to discharge NHS Act 2006, section 14T as to reducing inequalities and under Equality Act 2010, section 149

BARCLAYS BANK PLC v VARIOUS CLAIMANTS

[2020] Med LR Plus 14

Vicarious liability - Independent contractor - Relationships akin to employment - Pre-employment medical examinations - Sexual assault

R (LEWIS) v SENIOR CORONER FOR NORTH WEST KENT

[2020] Med LR Plus 15

Judicial review - Inquests - Malnutrition - Neglect - Failings in care - Summing-up - Conclusions left to jury - Gailbraith

SCHEMBRI v MARSHALL

[2020] Med LR Plus 16

Breach of duty - Causation - Use of probabilities - Statistical evidence

WHITTINGTON HOSPITAL NHS TRUST v XX

[2020] Med LR Plus 17

Deprivation of ability to bear children - Damages - Public policy - Recoverability of surrogacy costs - Overseas commercial surrogacy arrangements

OX (A PROTECTED PARTY, BY HIS LITIGATION FRIEND SX) v DERBY TEACHING HOSPITALS NHS FOUNDATION TRUST

[2020] Med LR Plus 18

Clinical negligence - Obstetric brain damage - Breach of duty in midwifery care - "Conventional model" of time frames of brain damage preferred to "extended model" in analysis of causation

GENERAL MEDICAL COUNCIL AND ANOTHER v ZAFAR

[2020] Med LR Plus 19

Medical Practitioners Tribunal - Medical expert - Contempt of court - Incomplete detail of contempt proceedings before tribunal - Permission to adduce new evidence on appeal - Whether sanction unduly lenient - Whether proceedings should be remitted

XDE (BY HER HUSBAND AND LITIGATION FRIEND, XEF) v NORTH MIDDLESEX UNIVERSITY HOSPITAL NHS TRUST

[2020] Med LR Plus 20

Whether the decision to change funding from legal aid to a conditional fee agreement was reasonable - Whether additional liabilities of success fees and After the Event insurance premium were recoverable - Whether CFA funding was superior to legal aid funding - Whether a hypothetical reason could justify a change in funding

RE SF (INJUNCTIVE RELIEF) A LOCAL AUTHORITY v SF

[2020] Med LR Plus 21

Court of Protection - Injunctions - Mental capacity - Best interests - Whether Court of Protection had power to make injunctive orders

NKX (BY HIS MOTHER AND LITIGATION FRIEND NMK) v BARTS HEALTH NHS TRUST

[2020] Med LR Plus 22

Clinical negligence - Obstetrics - Breach of duty in consenting for fetal monitoring - Causation - Duration of hypoxia - Myers hypothesis versus extended Myers hypothesis on hypoxia

PAUL v THE ROYAL WOLVERHAMPTON NHS TRUST

[2020] Med LR Plus 23

Clinical negligence - Secondary victims - Nervous shock - Proximity - Relevant event for purposes of establishing liability under control mechanisms - Collapse and death of deceased from heart attack at time and place remote from allegedly causative breach of duty

BRADFIELD-KAY v COPE

[2020] Med LR Plus 24

Clinical negligence - Breach of duty - Total hip replacement - Prominence of acetabular component - Risk to iliopsoas tendon - Bolam test - Bolitho exception

R (MAGUIRE) v HER MAJESTY’S SENIOR CORONER FOR BLACKPOOL & FYLDE AND OTHERS

[2020] Med LR Plus 25

Inquests - European Convention on Human Rights ("ECHR"), article 2 - Medical negligence - Mental capacity - Deprivation of Liberty Safeguards ("DoLS")

SC (A CHILD, SUING BY HER MOTHER AND LITIGATION FRIEND, AC) v UNIVERSITY HOSPITAL SOUTHAMPTON NHS FOUNDATION TRUST

[2020] Med LR Plus 26

Clinical negligence - Remote hearing - Trial - Adjournment - Fairness -Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020 No 350)

R (SMITH) v HM ASSISTANT CORONER FOR NORTH WEST WALES AND BETSI CADWALADR UNIVERSITY HEALTH BOARD (INTERESTED PARTY)

[2020] Med LR Plus 27

Judicial review - Inquests - Causation - Standard of proof - Experts - Neglect - Failings in care - Conclusions - Mental health - Suicide

UNIVERSITY HOSPITALS BIRMINGHAM NHS FOUNDATION TRUST v MR T REUSER

[2020] Med LR Plus 28

Health - Employment - NHS Trusts - Investigation - Maintaining High Professional Standards in the Modern NHS policy - Unfair dismissal - Wrongful dismissal - Automatically unfair dismissal - Polkey reductions - Contributory conduct - Protected disclosures - Whistleblowing

SC (A CHILD, SUING BY HER MOTHER AND LIGATION FRIEND, AC) v UNIVERSITY HOSPITAL SOUTHAMPTON NHS FOUNDATION TRUST

[2020] Med LR Plus 29

Clinical negligence - Breach of duty - Meningitis - Standard of care - Antibiotics masking symptoms - Suspected tonsillitis

R (ON THE APPLICATION OF DUTTA) v GENERAL MEDICAL COUNCIL

[2020] Med LR Plus 30

General Medical Council - Judicial review - Referral of allegations for investigation - Whether allegations subject to time bar - Application of five-year rule - Extension of time for judicial review proceedings

R (ON THE APPLICATION OF JP, BY HIS FATHER AND LITIGATION FRIEND, BP) v NHS CROYDON CLINICAL COMMISSIONING GROUP AND ANOTHER

[2020] Med LR Plus 31

Judicial review - Children's continuing care - Clinical commissioning group - Local authorities' powers and duties

BROUGHTON v R

[2020] Med LR Plus 32

Gross negligence manslaughter - Drug overdose - Failure to secure medical assistance - Causation - Substantial cause of death - Substantial chance of survival - Criminal standard of proof

GREAT ORMOND STREET HOSPITAL FOR CHILDREN NHS FOUNDATION TRUST v MX, FX AND X (A CHILD) (BY HER CAFCASS GUARDIAN)

[2020] Med LR Plus 33

Medical treatment - Withholding of care at end of life - Children - Clinical ethics committees

NORTHAMPTONSHIRE HEALTHCARE NHS FOUNDATION TRUST v AB

[2020] Med LR Plus 34

Court of Protection - Mental Capacity Act 2005 - Capacity - Best interests - Anorexia nervosa - Life sustaining treatment

R (COTTER) (A CHILD BY HER MOTHER AND LITIGATION FRIEND, COTTER) v THE NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE, (THE SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE, INTERESTED PARTY)

[2020] Med LR Plus 35

Appraisal of "health technologies" by the National Institute for Health and Care Excellence (NICE) - Whether drug satisfied criteria for Highly Specialised Technology procedure - Meaning of "highly specialised service" - Whether target patient group was "distinct for clinical reasons"

SIMAWI v GENERAL MEDICAL COUNCIL

[2020] Med LR Plus 36

General Medical Council - Sanction - Suspension for nine months with a review following findings of dishonesty - Whether period of suspension excessive - Whether review direction an appealable decision under Medical Act 1983, section 40

SWIFT v CARPENTER (PERSONAL INJURIES BAR ASSOCIATION, INTERVENER)

[2020] Med LR Plus 37

Personal injuries - Capital accommodation claims - Quantification of accommodation claims - Valuation of reversionary interest off-set - Point in time to assess reversionary interest – Term certain multiplier for life expectancy - Fair and reasonable, but not excessive, compensation

Medical Law Reports Plus