52 results
13 Nov 2018 14:01
Primary victim claims for mothers in childbirth are alive and kickingThis is the clear takeaway from Whipple J’s powerfully reasoned judgment in YAH v. Medway Foundation Trust, judgment 5th November 2018. The facts are typical of many cerebral palsy cases. The Claimant’s daughter was born after a negligent delay in intervention in the face of signs of fetal distress. more...
26 Oct 2018 09:24
Ealing Care Alliance Ltd v London Borough of Ealing [2018] EWHC 2630 (TCC)Background Ealing Care Limited (“ECA”), entered into a PFI Framework Agreement with the London Borough of Ealing (“LBE”). Under that Agreement, ECA was to provide care home services for LBE for no less than 27 years. Crucially, there was a Benchmarking procedure in the Agreement. The purpose of that more...
19 Oct 2018 09:14
No5 Barristers’ Chambers puts spotlight on clinical negligence for diabetes patientsMedical and legal experts will be sharing their experience with clinical negligence lawyers on issues surrounding diabetes at an event to be held in Birmingham in November. No5 Barristers’ Chambers is hosting the seminar at Clayton Hotel and expects around 50 delegates to attend. The event aims to more...
15 Oct 2018 16:25
10 inquests begin into deaths of former patients of Consultant Urologist Paul MillerRobert Cohen (instructed by Capsticks) is acting for Surrey and Sussex Healthcare NHS Trust in these 10 inquests which started last week. An independent review by the Royal College of Surgeons identified concerns in relation to the treatment provided to some former patients of Paul Miller, who is more...
15 Oct 2018 14:55
Three new podcasts: NHS, Brexit and BrexitThe Supreme Court’s judgment on the liability of hospitals for the actions and misstatements of their non-medical staff is an important line in the sand for the NHS. Owain Thomas QC discusses the implications of this ruling with Rosalind English on Law Pod UK here, following his widely read post on more...
15 Oct 2018 13:47
CQC Urgent Power - Clarification of lawDavid Pojur has acted in an important case before The Upper Tier Tribunal. Appearing at the UTT in London, permission has been given to appeal in a case concerning the urgent closure of a care home under section s30 Health and Social Care Act. The issue as to whether the legal test of serious risk more...
12 Oct 2018 15:04
Claims against non-medical NHS staff: Darnley in the Supreme CourtMr Darnley attended the A & E department at Mayday Hospital, Croydon, on 17th May 2010 having suffered a head injury in an assault. He told the receptionist that he had a head injury, and that he was feeling very unwell and as though he might collapse. The receptionist (who, according to Mr more...
12 Oct 2018 08:46
Supreme Court rules that hospital receptionist owes a duty of care to a patient — Owain Thomas QCThe Supreme Court has unanimously allowed the appeal of Michael Darnley in Darnley v Croydon Health Services NHS Trust [2018] UKSC 50, holding that a hospital receptionist owed a duty of care to a patient at A&E, which was breached by providing him with incorrect information as to how long he was more...
11 Oct 2018 09:58
Non-medical staff owe a duty of care to hospital patientsOn 10 October 2018, the important Supreme Court judgment in Darnley (Appellant) v Croydon Health Services NHS Trust (Respondent) [2018] UKSC 50 laid to rest any suggestion that non-medical hospital staff do not owe a duty of care to patients. On the facts, the Appellant was wrongly advised by an A&E more...
2 Oct 2018 07:44
The Round-Up: Child Spies, Equal Opportunity for Fertility Treatment, and CJEU to rule on Article 50 revocationThe courts open again for Michaelmas term today, but in the meantime the round-up has the latest on a fresh set of challenges to government and NHS policy, plus a successful Brexit reference to the ECJ. Firstly, a legal action seeking to establish whether the UK can unilaterally revoke Article 50 of more...
26 Sep 2018 09:00
The Round up: statelessness, Romanian prisons, parental vaccine dispute and UNThis week, two Scottish children are playing a key role in the development of the UN Day of General Discussion (Friday, Sept 28). They are the only children from the UK represented, working alongside children from across the world, including Moldova, Norway and India. See below for more details of more...
Roe v Wade: the law of abortion through the ages
This piece was first published on Nick Diable's blog Historia Legis on 6/7/18. Everybody, at some point in their life, sees ways in which society can be changed to make life better for themselves and others. Bringing a legal challenge in the courts is one way in which ordinary citizens can bring more...
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