Blogs Archive

The topic of consent has been increasingly contentious since the Supreme Court’s decision in Montgomery v Lanarkshire Health Board [2015] AC 1430, which shifted the focus from Bolam-style clinical paternalism to patient autonomy.  On 9 November 2020, the General Medical Council (“GMC”) issued updated guidance on “Decision making and consent”. It is a revision of the core…

Inquests can be destabilising for advocates. Although there are similarities with other work – they take place in a Court (albeit sometimes at unconventional locations), they are presided over by a judicial figure, witnesses appear and are questioned and juries are sometimes empanelled – the process is not, or at least is not supposed to…

The significant uncertainties in the economy and the employment market caused by the pandemic may lead to an upsurge in defendants arguing that damages for future loss of earnings should be assessed by way of a Blamire and/or a Smith v Manchester award rather than using the multiplier/multiplicand method. It could be contended that, applying…

Long Covid is the term used to describe the lasting effects of contracting COVID-19 and has been referred to as the “hidden health crisis of the pandemic”. There is growing support for Long Covid (also known as Long Haul Covid) to be recognised as an occupational disease and for a compensation scheme to be set up…

During January 2021 the Court of Appeal handed down three judgments on appeals relating to strike out applications under CPR 3.4(2)(b): Allsop v Banner Jones Ltd [2021] EWCA Civ 7, PricewaterhouseCoopers LLP v BTI 2014 LLC [2021] EWCA Civ 9 and Tinkler v Ferguson [2021] EWCA Civ 18. To see the full judgments, please use the following links:…

In Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 (QB), the Claimant brought a claim against the Defendant hospital for failing to promptly diagnose Cauda Equina Syndrome (“CES”). This case is of note for two reasons: The Court re-emphasised the urgent nature of CES treatment. The Court provided an overview of…

A global campaign has been launched to mandate the introduction of filtration and warning systems on commercial aircraft and address concerns over alleged ‘aerotoxic syndrome’. The ‘Aerotoxicity Litigation’ concerns claims by employees of airlines who allege that they have been exposed to toxic substances in aircraft cabin air and have thus sustained personal injury (including…

The recent case of Hopkins v (1) Akramy (2) Badger Group (3) NHS Commissioning Board [2020] EWHC 3445 (QB) considered whether an NHS Primary Care Trust owed a non-delegable duty of care with regard to healthcare services provided by a third party. HHJ Melissa Clarke, sitting as a Judge of the High Court, held that…

In Davies v Frimley Health NHS Foundation Trust [2021] EWHC 169 (QB), the High Court considered the question of causation in circumstances where the deceased had suffered from acute pneumococcal meningitis.  Ultimately, HHJ Auerbach, sitting as a Judge of the High Court, concluded that if antibiotics had been commenced by 10.40 on 25 February 2015, there…

In Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB), HHJ Platts, sitting as a High Court Judge, declined to make a finding of fundamental dishonesty following the dismissal of the Claimant’s claim for damages, arising from an extravasation injury sustained following a CT scan with contrast carried out at the Defendant’s…

In Hopkins v (1) Akramy (2) Badger Group (3) NHS Commissioning Board [2020] EWHC 3445 (QB), the High Court considered, as a preliminary issue, whether an NHS Primary Care Trust (“PCT”) owed a non-delegable duty of care for health services provided to NHS patients by a private company. HHJ Melissa Clarke, sitting as a Judge of the…

On 16 February 2021 the High Court handed down judgment in Martlet Homes Ltd v Mullalley & Co Ltd [2021] EWHC 296 (TCC), which gives guidance to practitioners on the often misunderstood role and remit of a Reply to Defence. To read the full judgment, click here. The Facts Martlet was not a personal injury claim. For…