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RE AH
[2022] Med LR Plus 1
Medical treatment - Adults - Mental capacity - Best interests - Withdrawal of life-sustaining treatment - Procedural unfairness - Judicial visit
NGUYEN v HM ASSISTANT CORONER FOR INNER WEST LONDON, CHELSEA AND WESTMINSTER HOSPITAL NHS FOUNDATION TRUST AND OTHERS (INTERESTED PARTIES)
[2022] Med LR Plus 2
Judicial review - Inquest - Coroners Act 1988, section 13 - New evidence - Apparent bias - Wednesbury unreasonableness - Witness handling - Expert evidence
BURN v ALDER HEY CHILDREN’S NHS FOUNDATION TRUST
[2022] Med LR Plus 3
Hospital investigation into clinical concern - Interpretation of policy as drawn from Department of Health's Maintaining High Professional Standards in the Modern NHS - Scope of disclosure required by NHS trust under policy during initial investigation of practitioner - Disclosure required as part of general obligation of NHS trust to conduct investigation fairly
PAWLEY v WHITECROSS DENTAL CARE LTD AND ANOTHER
[2022] Med LR Plus 4
Joinder of parties - Dental negligence claim against dental practice - Whether defendant could compel the joinder of additional defendants - Whether claimant entitled to sue dental practice owner alone alleging negligence by individual associate dental practitioners without also joining those practitioners as parties
PALING (A CHILD PROCEEDING BY HIS MOTHER AND LITIGATION FRIEND, PALING) v SHERWOOD FOREST HOSPITALS NHS FOUNDATION TRUST
[2022] Med LR Plus 5
Causation - Genetic testing - Hypoglycaemia - Brain injury Stay of proceedings
PALMER v MANTAS AND ANOTHER
[2022] Med LR Plus 6
Personal injury - Road traffic accident - Liability admitted - Assessment of damages - Nature of brain injury - Whether claim should be dismissed on basis of fundamental dishonesty - Nature of diagnosis and prognosis - Assessment of expert evidence - Form of future loss of earnings award
WATSON (A PROTECTED PARTY BY HER LITIGATION FRIEND, ALMOND-BIRTWISTLE) v LANCASHIRE TEACHING HOSPITALS NHS FOUNDATION TRUST
[2022] Med LR Plus 7
Clinical negligence - Causation - Expert evidence - Scientific studies - Stroke
PAUL AND ANOTHER v THE ROYAL WOLVERHAMPTON NHS TRUST and POLMEAR AND ANOTHER v ROYAL CORNWALL HOSPITAL NHS TRUST and PURCHASE v AHMED
[2022] Med LR Plus 8
Psychiatric injury - Secondary victims - Legal proximity - Relevant event - Interval between negligence and relevant event
DALCHOW v ST GEORGE’S UNIVERSITY NHS FOUNDATION TRUST
[2022] Med LR Plus 9
Clinical negligence – Breach of duty – Causation – Diagnosis – Infection – Fournier gangrene – Factual causation – Material contribution – Divisible or Indivisible injury.
AHMEDSOWIDA v GENERAL MEDICAL COUNCIL
[2022] Med LR Plus 10
General Medical Council - Fitness to practise - Dishonesty - Cumulative misconduct - Insight - Erasure
TRAYLOR AND ANOTHER v KENT AND MEDWAY NHS SOCIAL CARE PARTNERSHIP TRUST
[2022] Med LR Plus 11
Clinical negligence - Mental health - Causation - Voluntary assumption of risk - Illegality - Insanity - Ex turpi causa - Contributory negligence - Human Rights Act claim - ECHR, articles 2 and 3 - Positive duty to protect life - Osman v UK insanity defence
HUGHES v RATTAN
[2022] Med LR Plus 12
General Dental Services Contract - Duty owed by principal dentist to patient of dental practice - Independent contractors - Associate dentists - Whether non-delegable duty of care owed by principal dentist and practice owner to NHS patients of the practice - Whether principal dentist vicariously liable for the negligence of an associate dentist
COJANU v ESSEX PARTNERSHIP UNIVERSITY NHS TRUST
[2022] Med LR Plus 13
Clinical negligence - Fundamental dishonesty - Whether claimant dishonest by virtue of failings of solicitor - Illegality - Relationship between criminal act and civil claim
LF v A NHS TRUST AND OTHERS
[2022] Med LR Plus 14
Disabled adult - Dispute as to place of residence for care and treatment - Longer-term plan for returning to family home - Reporting restrictions - Application to lift reporting restrictions to allow publicity for crowd-funding - Balance between right to freedom of expression and the right to a private and family life
RADIA v MARKS
[2022] Med LR Plus 15
Medical experts - Joint experts - Duty of care - Scope of duty - Breach of duty - Credibility
GENERAL MEDICAL COUNCIL v AHMED
[2022] Med LR Plus 16
General Medical Council - Medical Act 1983, section 40A - Sexual misconduct - Whether sanction of two months' suspension without a review appropriate - Whether appropriate to take into account period of interim suspension
ASTLEY v MID-CHESHIRE HOSPITALS FOUNDATION NHS TRUST
[2022] Med LR Plus 17
CPR Part 38.7 - Permission for permission to make another claim after discontinuance - Principles
MARTIN (FORMERLY KNOWN AS HIGGINS) v SALFORD ROYAL NHS FOUNDATION TRUST
[2022] Med LR Plus 18
Clinical negligence - Format of award - Whether to make a variable periodical payment order - Whether to award the costs of a personal injury trust in the case of a claimant with capacity but who is vulnerable
HULL UNIVERSITY TEACHING HOSPITALS NHS TRUST v COLLEY
[2022] Med LR Plus 19
Contempt of court - False statements - Documents supported by a statement of truth - Honest belief in truth of statements - Litigation friend - Committal application - CPR Part 32.14 - Penalties
MXM v GENERAL MEDICAL COUNCIL
[2022] Med LR Plus 20
General Medical Council - Interim Orders - Matters appropriate for consideration - Risks of public safety and public interest - Proportionality - Adequacy of reasoning for determination
PICKERING v CAMBRIDGE UNIVERSITY HOSPITALS NHS FOUNDATION TRUST
[2022] Med LR Plus 21
Clinical negligence - Embolus from atrial fibrillation causing leg ischaemia - Claimant discharged from emergency department without heparinisation - Subsequent embolus causing a stroke - Whether stroke would have been avoided by earlier heparinisation - Assessment of expert evidence - Consideration of scientific literature
R (TAGGART) v THE ROYAL COLLEGE OF SURGEONS OF ENGLAND (OXFORD UNIVERSITY HOSPITALS NHS TRUST, THE GENERAL MEDICAL COUNCIL AND THE SOCIETY OF CARDIOTHORACIC SURGEONS, INTERESTED PARTIES)
[2022] Med LR Plus 22
Judicial review - Preliminary issue - Whether invited review mechanism of royal college amendable to judicial review - Distinction between public and private law function
LEWIS-RANWELL v G4S HEALTH SERVICES (UK) LTD AND OTHERS
[2022] Med LR Plus 23
Strike out - Illegality - Homicide - Insanity - Criminal or quasi-criminal acts - Public policy
MILNER v BARCHESTER HEALTHCARE HOMES LTD
[2022] Med LR Plus 24
Strike out - Summary judgment - Negligence - Care home - Healthcare - Personal care - Damages - Indirect victim of breaches of articles 2 and 3 of the European Convention on Human Rights - Human Rights Act 1998 - Locus standi
BARTS HEALTH NHS TRUST v HOLLIE DANCE AND OTHERS PAUL BATTERSBEE v ARCHIE BATTERSBEE (THROUGH HIS 16.4 GUARDIAN)
[2022] Med LR Plus 25
Diagnosis of death - Brain stem death - Impossibility of brain stem testing - Withdrawal of medical treatment - Best interests - Children
JOHNSON v WILLIAMS
[2022] Med LR Plus 26
Clinical negligence - Burden of proof - Discharge of burden of proof - Balance of probabilities - Causation of injury - Surgery - Professional footballer
SALWIN (A PROTECTED PARTY, BY HIS LITIGATION FRIEND, SOBIEPANEK) v SHAHED
[2022] Med LR Plus 27
Personal injury - Interim payment - Pre-trial future loss - Level playing field - Rehabilitation - Reasonable proportion of damages
DIXON v NORTH BRISTOL NHS TRUST
[2022] Med LR Plus 28
Anonymity and reporting restrictions application - Contempt of Court Act 1981, section 11 - Human Rights Act 1998, section 6 - CPR 5.4A to 5.4D and 39.2 - Whether anonymity and reporting restrictions were required to prevent breaches of confidence - Threshold for engaging article 2 rights - Balancing article 8 rights against article 10 rights - Principles of open justice
PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE v GENERAL MEDICAL COUNCIL AND ANOTHER
[2022] Med LR Plus 29
General Medical Council - Fitness to practise - "Under charging" - Dishonesty - Suspension - Insufficient sanction - Sanctions guidance - Inadequate reasons
HASTINGS v FINSBURY ORTHOPAEDICS LTD
[2022] Med LR Plus 30
Product liability - Medical product (metal-on-metal hip implant) - Meaning of defect in section 3 and liability under section 2 Consumer Production Act 1987 - Effectiveness of EU Directive
BARTS HEALTH NHS TRUST v HOLLIE DANCE AND OTHERS
[2022] Med LR Plus 31
Withdrawal of medical treatment - Children - Impossibility of brain stem testing - Evidence of irreversible loss of brain stem function - Best interests - Correct approach by the court
MYHILL v THE INFORMATION COMMISSIONER AND THE GENERAL MEDICAL COUNCIL
[2022] Med LR Plus 32
Data protection - Freedom of Information Act 2000 - Request for information relating to fitness to practise complaint by requester - Whether General Medical Council entitled to confirm or deny whether it held evidence base for that complaint - Whether legitimate interests of requester overridden by interests or fundamental rights and freedoms of data subject - GDPR article 6(1)(f)
HERTFORDSHIRE COUNTY COUNCIL v MOTHER AND OTHERS
[2022] Med LR Plus 33
Expert evidence - Anonymity orders - Care proceedings - Right to private life - Right to freedom of expression - ECHR, articles 8 and 10 - Expert duties to the court
HERTFORDSHIRE COUNTY COUNCIL v MOTHER AND OTHERS
[2022] Med LR Plus 34
Expert evidence - Anonymity orders - Care proceedings - Right to private life - Right to freedom of expression - ECHR, articles 8 and 10 - Expert duties to the court
R (GORANI) v HER MAJESTY’S ASSISTANT CORONER FOR INNER WEST LONDON, THE CENTRAL AND NORTH WEST ENGLAND NHS TRUST (FIRST INTERESTED PARTY), SANGHERA (SECOND INTERESTED PARTY)
[2022] Med LR Plus 35
Inquests – Bias – Recusal – Regulation 28 report – ECHR, article 2.
RILEY v SALFORD ROYAL NHS FOUNDATION TRUST
[2022] MLR Plus 36
Clinical negligence - Below knee amputation - Damages assessment - Multiple disputed quantum issues including in particular earnings, prosthetics, transport and accommodation
R (SHASHIKANTH) v NHS LITIGATION AUTHORITY, NHS COMMISSIONING BOARD (AKA NHS ENGLAND)
[2022] MLR Plus 37
NHS commissioning - NHS contracts - Non-NHS contracts - General practice - Variation of contract - Breach of contract - Termination notice - Duty to cooperate - Adjudicators - Judicial review - Amenable to judicial review - Amendment of claims
BARROW (BY HIS LITIGATION FRIEND AND GRANDFATHER MR HUGH BARROW) AND OTHERS v MERRETT AND ANOTHER
[2022] MLR Plus 38
Personal Injury Action - Evaluation of eyewitness evidence - relevance of expert evidence