Blogs Archive

The development of a highly accurate saliva test to diagnose concussion in elite male rugby players has been labelled “game-changing” by Professor Antonio Belli, Chief Investigator of the study SCRUM (Study of Concussion in Rugby Union through MicroRNAs). Having previously identified that the “… concentration of specific molecules in saliva changes rapidly after a traumatic brain injury“, the…

Cauda equina syndrome is a rare and severe type of spinal stenosis. A narrowing of the spinal canal causes the nerves in the lower back to become severely compressed. Typically, but not exclusively, it results from a prolapsed disc bulge. The condition requires urgent hospital admission and timely surgery (usually decompression of the disc). The…

In a case concerning a child or protected party, during the period between its purported acceptance and approval under CPR Part 21, a Part 36 offer is – much like Schrödinger’s cat – in a state of superposition: it is both accepted but not binding (i.e. liable to be withdrawn). The grounds on which such…

In March, as part of the Ropewalk Chambers’ Spring Webinar series, Philip Turton and Katie McFarlane reviewed the law relating to secondary victims in light of the decisions in Paul v The Royal Wolverhampton NHS Trust [2020] PIQR P19 and Polmear v Royal Cornwall Hospital NHS Trust [2021] EWHC 196 (QB). The webinar can be viewed…

In December 2020, HM Assistant Coroner for Inner South London, Philip Barlow, concluded that air pollution contributed to nine-year-old Ella Adoo Kissi-Debrah’s death in 2013. Thomas Herbert’s blog on that decision can be read here. The Assistant Coroner has now issued a Prevention of Future Deaths report dated 20 April 2021, which can be read…

The law requires medical practitioners to use diligence, care, knowledge, skill and caution in administering treatment to a patient. The question of whether a medical practitioner has met the requisite standard of care is often considered by reference to the test laid down in the case of Bolam v Friern Hospital Management Committee [1957] WLR 582.…

Anyone practising in employer’s liability personal injury litigation will be familiar with the strict approach to liability for work equipment imposed by the Provision and Use of Work Equipment Regulations 1998 (“PUWER”). Regulation 5 of PUWER imposed strict liability in relation to defective equipment, arising from the extremely well-known decision in Stark v Post Office…

The mustard flower is simple and delicate. The mustard seed, on the other hand, packs more of a punch. Pleadings of fundamental dishonesty in cases where there is no strong evidence (such as damaging surveillance) of a claimant’s fraud should, it seems, be more like the former than the latter. Background In 2017, the Court…

In Negus v Guy’s and St Thomas’ NHS Foundation Trust [2021] EWHC 643 (QB), the High Court considered whether an NHS Trust was responsible for the Claimant’s death, where it was alleged that during cardiac surgery a 19 mm mechanical valve was implanted instead of a larger valve. The Claimant underwent a further operation a year…

In Negus v Guy’s and St Thomas’ NHS Foundation Trust [2021] EWHC 643 (QB), the High Court considered whether an NHS Trust was responsible for the Claimant’s death, where it was alleged that during cardiac surgery a 19 mm mechanical valve was implanted instead of a larger valve. The Claimant underwent a further operation a year…

Last week saw the publication of this year’s Annual Local Authority Road Maintenance (ALARM) survey. This was the 26th such report commissioned by the Asphalt Industry Alliance (AIA). It is an independent survey of local authority highways departments in England and Wales. The full report can be viewed and downloaded here. Key Findings of the…

Freedman J’s decision in Mather v Ministry of Defence [2021] EWHC 811 (QB) – which can be read here – is interesting for (at least) two reasons. First, it demonstrates the court’s reluctance to order a preliminary issue trial in a complex and novel claim. Secondly, it foreshadows what promises to be a significant disease trial…