69 results
23 Jun 2021 10:00
Khan (Respondent) v Meadows (Appellant)In this clinical negligence case note Justin Meiland and Charlotte Wilk discuss the recent decision of the Supreme Court in the Khan (Respondent) v Meadows (Appellant) [2021] UKSC 21, examining the implications of this important decision. You can read the full case note here more...
23 Jun 2021 09:57
Simon Gorton QC successfully represents Alder Hey NHS Foundation Trust at Royal Courts of JusticeSimon Gorton QC from Exchange Chambers has successfully acted for Alder Hey NHS Foundation Trust at the Royal Courts of Justice (Mrs Justice Thornton). The Claimant is a consultant paediatric neurosurgeon employed by the Defendant, Alder Hey Children’s NHS Foundation Trust, since 2009. The claim more...
23 Jun 2021 09:45
Cases against the medical profession: an extended review by Marina Wheeler QCDuring the pandemic, the public’s gratitude to the medical profession has been palpable. But rightly, practitioners continue to be regulated, supervised by the Courts. Here we report a clutch of decisions highlighting some common themes: the importance of transparency and maintaining public more...
19 Jan 2021 10:08
The Conventional Wisdom Prevails: a refusal to consent to medical treatment by a Gillick competent minor is NOT determinativeJudgment has today been handed down in In the matter of X (A Child) (No 2) [2021] EWHC 65 (Fam) an essential read for the law on consent to medical treatment in relation to those under 16 and those aged 16 and 17. The facts: X suffers from sickle cell syndrome and is a Jehovah’s Witness, as is her more...
24 Nov 2020 09:16
Genetics evidence revolution: How should courts determine permission applications?There has been a revolution in genetic testing over the past decade. Technological advances have greatly increased the scope and use of testing. Testing is now faster and cheaper. This has meant that it has become easier to analyse a whole, or large sections of a genome in detail.[1] This innovation more...
18 Jun 2020 15:46
Machine Learning in Healthcare: Regulating TransparencyThe PHG, linked with Cambridge University, provides independent advice and evaluations of biomedical and digital innovations in healthcare. PHG has recently published a series of reports exploring the interpretability of machine learning in this context. The one I will focus on in this post is the more...
The State's positive obligations in a pandemic: do we have a right to health?
World Health Day (7th April 2020) found the world in the midst of a fight against one of the biggest threats to our generation, and potentially generations to come. While the world is busy fighting off a raging pandemic, many are questioning whether states could and should have done more to prevent more...
24 Apr 2020 14:30
Commercial surrogacy is undoubtedly a head of lossSummary: The Supreme Court in Whittington Hospital NHS Trust v XX [2020] UKSC 14 has upheld the Court of Appeal’s decision to award damages for Californian commercial surrogacy to an infertile British claimant. Such an award of damages is the first of its kind in the fields of personal injury and more...
16 Apr 2020 16:19
Remote Verification of Community Deaths During the Covid-19 Pandemic: Should family members be relied upon?The steep increase in the number of deaths occurring outside hospital during the Covid-19 pandemic brings a concomitant rise in the number of deaths requiring verification in the community. Attending those who have died in the community clearly puts health care workers at increased risk of Covid-19 more...
7 Apr 2020 14:26
Managing Uncertainty in the Mechanism of InjuryLessons from the recent cases of: Saunders v Central Manchester NHS Trust 2018 EWHC 343 QB Collyer v Mid Essex NHS Trust 2019 EWHC 3577 QB Schembri v Marshall 2020 EWCA Civ 358. Surgical cases often provide difficulties for Claimants because it is not always clear how the alleged negligent injury more...
31 Mar 2020 08:55
Corona Crisis: Standard of CareHard-pressed clinicians may well be wondering: what standard of care can be expected of them during a pandemic? The modern law of clinical negligence has never been tested at a time of national crisis. Bolam v Friern Hospital Management Committee[1], which is generally regarded as the origin of more...
24 Mar 2020 09:32
Skype in the Court of Protection: The courts in the time of coronavirusMostyn J hears trial concerning withdrawal of life sustaining treatment with five parties and at least 20 participants over Skype for Business Back in the heady days of December 2019, before the world ground to a halt, Keehan J presided over a directions hearing in a serious medical treatment more...
23 Mar 2020 14:48
Coronavirus Bill: what will be the effects on those who fall ill?3PB Pupil Barrister Mariya Peykova writes about the Coronavirus Bill 2020 and the powers of government to manage individuals infected with Covid-19: how will it affect those who fall ill? The Coronavirus Bill 2020 (“the Bill”) was introduced to Parliament on 19th March 2020 for a first reading, with more...
17 Mar 2020 16:18
Rights in a time of quarantine – an extended look by Niall CoghlanQuarantines and lockdowns are sweeping Europe: Italy, France, Spain. Through them, states seek to contain Covid-19 and so save lives. It is difficult to imagine higher stakes from a human rights perspective: mass interferences with whole populations’ liberties on one side; the very weighty public more...
2 Mar 2020 09:32
Doctor/patient confidentiality in genetic disease caseABC v St George’s Healthcare Trust and others [2020] EWHC 455 (QB) The High Court has ruled that the health authorities owed a duty of care to the daughter of their patient who suffered from the hereditary neurodegenerative order Huntington’s Chorea, to inform her about his condition. But in the more...
24 Oct 2019 09:41
FAQs: Lasting Powers of AttorneyMost of us understand the importance of making a will in order to ensure that our affairs are taken care of as we intended on our death. However, less of us consider the importance of Lasting Powers of Attorney (LPAs) and what would happen if we are no longer able to manage our affairs during our more...
16 Oct 2019 10:53
No5 barrister publishes book to promote global importance of mental healthAn advocate from a leading barristers’ chambers has published a new book which puts the spotlight on global mental health, highlighting the lack of its support worldwide and the massive need for investment. Dr. Laura Davidson of No5 Barristers’ Chambers compiled and edited The Routledge Handbook of more...
1 Oct 2019 14:33
A new legal duty on doctors to report deaths to CoronersWritten by Josiah Kirpalani & Bridget Dolan QC The Notification of Deaths Regulations 2019 [1] (here) come into effect on 1 October 2019 and will place a legal duty on ALL doctors who come to know of a death to ensure it has been reported to a Coroner where any of the circumstances that might more...
7 Aug 2019 11:27
Counsel secure settlement for teenage boy affected by negligently untreated meningitisTwo counsel at No5 Barristers’ Chambers have secured a settlement for a teenage boy who sustained severe brain damage as an infant due to negligently untreated meningitis. Jonathan Jones QC and Henry Pitchers saw the case conclude with a settlement at the then capitalised value of £22 million. The more...
24 Jul 2019 15:00
Making sexual relations …….. personalOn 16 July 2019, Mr Justice Hayden, the Vice President of the Court of Protection, handed down his judgment in the case of LB Tower Hamlets v NB & AU [2019] EWCOP 27 which considered the test for capacity to consent to sexual relations. Why is this judgment significant? The case considered whether more...
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