Medical Law Reports

AROWOJOLU v GENERAL MEDICAL COUNCIL

Fitness to practise – Sexual assault – Evidence – Credibility – Relevance of previous allegation by complainant.

[2020] Med LR 1

RAQEEB v BARTS HEALTH NHS TRUST (COSTS)

Costs – Whether costs to follow the event in Children Act proceedings – Whether costs to follow the event in judicial review – Exercise of costs discretion – Children Act 1989, section 8 – Children Act 2004, section 11(2)(a) – Civil Procedure Rules, rr 44.2, 44.10 – Family Procedure Rules, r 28.1 – Senior Courts Act 1981, sections 31(2A), 51(1)(b).

[2020] Med LR 17

JK v A LOCAL HEALTH BOARD

Autism Spectrum Disorder – Psychiatric hospital – Refusal to eat – Mental capacity – Force feeding – Manifestation of mental disorder – Treatment to alleviate or prevent a worsening of mental disorder – Mental Health Act 1983, section 63 – Inherent jurisdiction – Declaratory relief.

[2020] Med LR 31

BELL (A PROTECTED PARTY SUING BY HER STEPFATHER AND LITIGATION FRIEND URSELL) v BEDFORD HOSPITAL NHS TRUST

Clinical negligence – Failure to diagnose transient ischaemic attacks and the possibility of stroke – Whether defendant in breach of duty – Whether subsequent major stroke was caused by atherosclerosis amenable to medication – Whether claimant would have been compliant with such treatment – Whether such treatment would have prevented the major stroke from occurring.

[2020] Med LR 44

APPLICATIONS RELATING TO MEDICAL TREATMENT: GUIDANCE AUTHORISED BY THE HONOURABLE MR JUSTICE HAYDEN, THE VICE PRESIDENT OF THE COURT OF PROTECTION

Mental Capacity Act 2005 – Medical treatment – Mental capacity – Best interests – Guidance – Circumstances in which application should be made – Practice and procedure.

[2020] Med LR 55

SANDERSON (BY HER LITIGATION FRIEND, SANDERSON) v GUY’S AND THOMAS’ NHS FOUNDATION TRUST

Clinical negligence – Preliminary hearing of liability issues – Allegations of substandard obstetric care – Whether delay in proceeding to instrumental delivery – Interpretation of NICE Guidelines.

[2020] Med LR 60

UWEN v GENERAL MEDICAL COUNCIL

Medical Practitioners Tribunal of the General Medical Council – Whether test of dishonesty correctly applied – Whether sanction of erasure from the Medical Register disproportionate.

[2020] Med LR 78

R (GOSSIP) v NHS SURREY DOWNS CLINICAL COMMISSIONING GROUP

Application for judicial review of NHS Clinical Commissioning Group's refusal of NHS Continuing Healthcare – Eligibility for NHS Continuing Healthcare – Status of National Framework for NHS Continuing Healthcare – Whether need for nursing care determinative of eligibility for NHS Continuing Healthcare.

[2020] Med LR 84

JESUDASON v ALDER HEY CHILDREN’S NHS FOUNDATION TRUST

Protected disclosures – Whistle-blowing – NHS Trusts – Disclosures to other persons, media – Post-employment disclosures – Detriment – Reason for treatment – Direct race discrimination – Rule in Browne v Dunn.

[2020] Med LR 105

SWIFT v CARPENTER (THE PERSONAL INJURIES BAR ASSOCIATION, INTERVENER)

Protective costs order – Judicial policy and practice – Corner House rules – Public law requirement – Discretion – Delay.

[2020] Med LR 125

GUYS AND ST THOMAS’ NHS FOUNDATION TRUST AND ANOTHER v R

Capacity – Mental Capacity Act 2005 – Inherent jurisdiction – Jurisdiction – Urgent application – Delay – Contingent declarations – Pregnancy – Caesarean section – Best interests – Obstetric planning – Autonomy.

[2020] Med LR 135

BARCLAYS BANK PLC v VARIOUS CLAIMANTS

Vicarious liability – Independent contractor – Relationships akin to employment – Pre-employment medical examinations – Sexual assault.

[2020] Med LR 155

RE M (DECLARATION OF DEATH OF CHILD)

Death – Babies – Medical treatment – Declaration of death – Definition of death – Brainstem death – Withdrawal of mechanical ventilation – Expert evidence – Reporting restrictions – Non-applicability of “best interests” test.

[2020] Med LR 165

R (A AND KEPPEL) v SOUTH KENT COASTAL CCG AND OTHERS (KENT COUNTY COUNCIL AND ANOTHER, INTERESTED PARTIES)

Judicial review – Decision by Clinical Commissioning Group to reorganise the delivery of NHS stroke services in Kent – Adequacy of consultation – Whether breach of statutory duty under NHS Act 2006, section 14Z2 in relation to consultation – Whether failure to discharge NHS Act 2006, section 14T as to reducing inequalities and under Equality Act 2010, section 149.

[2020] Med LR 181

R (LEWIS) v SENIOR CORONER FOR NORTH WEST KENT

Judicial review – Inquests – Malnutrition – Neglect – Failings in care – Summing-up – Conclusions left to jury – Galbraith.

[2020] Med LR 201