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Johnston v NEI International Combustion
[2008] LS Law Med 01
Negligence — Personal injury — Claimants negligently exposed to asbestos developing pleural plaques — Whether such plaques amount to actionable damage — Whether such plaques, when aggregated with a risk of developing serious illness and with anxiety generated by the risk of developing serious illness, amount to actionable damage — Whether damages recoverable for psychiatric injury caused by contemplation of the risk of suffering future illness
R (Eisai) v National Institute for Health and Clinical Excellence
[2008] LS Law Reg 09
Clinical benefits and cost effectiveness of health care interventions — Guidance — Procedural fairness — Alzheimer's Disease — acetylcholinesterase inhibitors (AChEIs)
Whipps Cross University Hospital NHS Trust v Iqbal
[2008] LS Law Med 22
Damages — ‘Lost Years’ claim — Whether young child with no dependants can maintain ‘Lost Years’ claim — Stare Decisis
Primary Health Care Centres (Broadford) Limited v Ravangave
[2008] LS Law Med 24
Lease of medical centre — Liability for obligations under terms of lease
Chan v Barts & The London NHS Trust
[2008] LS Law Med 38
Employment — NHS Consultant contracts — Incorporation of nationally-agreed terms — Rights of appeal — Basis for declaratory relief equivalent to specific performance of an employment contract
Savage v South Essex Partnership NHS Trust
[2008] LS Law Med 66
Human Rights Act 1998 — Action for compensation for breach of Articles 2 and 8 — Court of Appeal — Preliminary issue — Clinical failings in the care of a patient compulsorily detained — Mental Health Act 1983
Thompson v Arnold
[2008] LS Law Med 78
Fatal Accidents Act — Deceased having settled claim before death — Wwhether dependants could bring claim for loss of dependency — Comparison of dependency and ‘lost years’ claims — Setting aside settlement — Unilateral mistake known to other party — Estoppel — Conduct of parties affecting discretion — Limitation
R (Calhaem) v General Medical Council
[2008] LS Law Med 96
General Medical Council — Fitness to Practise proceedings — Administrative Court — Judicial review — Deficient professional performance — Misconduct — Sanction — Suspension — Isolated incident
R (Gwynn) v General Medical Council
[2008] LS Law Med 112
General Medical Council — Fitness to Practise proceedings — Whether power to reopen closed case — Whether fair to reopen closed case — Waiver of time limits on complaint — Whether test of exceptional circumstances had been properly applied
R (Chavda) v London Borough of Harrow
[2008] LS Law Med 127
Judicial review — Statutory adult care services — Restriction of eligibility — Decision-making process — Adequacy of consultation — Consideration of human rights — Disability discrimination
Jain v Trent Strategic Health Authority
[2008] LS Law Med 139
Negligence — Duty of care — Registered homes — Whether duty of care owed by registration authority to proprietor of nursing home when applying for cancellation of proprietor's registration
Rumbold v General Medical Council
[2008] LS Law Med 169
General Medical Council — Medical practitioner — Fitness to practise — Appellate jurisdiction — Medical Act, section 40
B v Reading Borough Council
[2008] LS Law Med 182
Negligence — Duty of care — Social worker — Local authority — Liability of professionals and social workers for diagnosis and investigation of child abuse — Vicarious liability — Permission to appeal out of time
Selvarajan v General Medical Council
[2008] LS Law Med 193
General Medical Council — Fitness to Practise — Sanction — Mitigation — Effect of delay — Article 6
Saulle v Nouvet
[2008] LS Law Med 201
Capacity — Preliminary issue trial — Whether claimant had capacity to conduct litigation — Whether claimant was a protected party — s 1, 2 and 3 of the Mental Capacity Act 2005 — Paragraphs 4.32 and 4.33 Code of Practice — CPR 21
Akinleye v East Sussex Hospitals NHS Trust
[2008] LS Law Med 216
Defamation — Libel — Defences — Qualified privilege at common law — Scope of defence — Relevance of words used to the subject matter of the enquiry — Malice — Summary judgment — Unsupported assertions — CPR 24.2
Aintree Hospitals NHS Trust v Sutcliffe
[2008] LS Law Med 230
Clinical negligence — Spinal anaesthetic — Spinal arachnoiditis — Findings on liability — Whether judge entitled to make findings on basis of available factual and expert evidence
Mealing v Chelsea & Westminster NHS Trust
[2008] LS Law Med 236
Damages — Meningitis — Cerebral palsy — Interim payment of damages — Whether appropriate to order interim payment — Amount of interim payment — Whether amount of interim payment would exceed a reasonable proportion of the likely amount of the final judgment — Whether interim payment would fetter trial judge's decision as to periodical payments
Cohen v General Medical Council
[2008] LS Law Med 246
General Medical Council — Fitness to practise proceedings — Matters to be taken into account when determining whether fitness to practise impaired
Braithwaite v Homerton University Hospitals NHS Foundation Trust
[2008] LS Law Med 261
Interim payment — Whether future periodical payments formed part of the likely amount of the final judgment from which the interim payment was to be taken — Taking into consideration the trial judge's power to capitalise future losses
R (BAPIO Action Ltd) v SSHD
[2008] LS Law Med 265
Judicial Review — Legitimate expectation – Scope of Immigration Act, section 3 — Lawfulness of Department of Health Guidance — Immigration rules — International medical graduates
Tameside v Thompstone
[2008] LS Law Med 282
Damages — Periodical payments — Indexation — Whether future annual payments should be increased by reference to the RPI index or some other index or measure — Periodical payment orders — Proper approach to the format of the award
Varma v General Medical Council
[2008] LS Law Med 313
General Medical Council — Stay of proceedings — Abuse of process — Delay in investigation of allegations — Health of practitioner rendering proceedings unfair
R (Eisai) v NICE
[2008] LS Law Med 333
Judicial review — NICE – Guidance and guidelines — Consultation process — Fairness
Carver v BAA Plc
[2008] LS Law Med 351
Costs — CPR Part 36 — Offers to settle — Payment into Court — Conduct of the Parties — Whether result more advantageous than offer
X v An NHS Trust
[2008] LS Law Med 359
Mental health — Powers of Criminal Courts (Sentencing) Act 2000 — Mental Health Act 1983, section 37 –European Convention on Human Rights, Article 5 — Hospital order — Admission to hospital within 28 days of court order — Whether court order ceased to have effect after expiry of 28 day period — Whether detention unlawful
Peters v East Midlands Strategic Health Authority Halstead
[2008] LS Law Med 370
Quantum of damages — Future accommodation and care — Local Authority funding of future accommodation and care — Local authority entitlement to take damages award into account — Continuity of Local Authority authority funding — Mitigation of loss — Court of Protection — Receivership costs
OCS Group Limited v Wells
[2008] LS Law Med 386
Personal injuries — Procedure — Pre-action disclosure of medical records — Personal injury claim — County Courts Act 1984, section 52(2) — CPR 31.16 and 31.6
Leeson v Marsden and United Bristol Healthcare NHS Trust
[2008] LS Law Med 393
Clinical negligence — Procedure — Abuse of process — Section 33 Limitation Act 1980 discretion — Overlap between two — Whether Court required to engage in separate exercises of discretion in same case on same facts — whether discretion under section 33(3) unfettered by any restriction relating to previous use of the courts resources in earlier litigation
AK v (1) Central and North West London Mental Health NHS Trust (2) The Royal Borough of Kensington & Chelsea
[2008] LS Law Med 428
Duty of care — Mental Health — Application to strike out and dismiss claim pursuant to CPR Parts 3 and 24 — Allegations of negligence and breach of human rights for failure to provide appropriate after-care to individual with mental illness — Whether existing case law and the statutory duty provided by s 117 of the Mental Health Act 1983 precluded a private law duty of care — Whether existing case law capable of further development — Extent of negligence required to establish claim for breach of article 2 of European Convention on Human Rights
Lakshmi v Mid Cheshire Hospitals NHS Trust
[2008] LS Law Med 443
Employment — Consultant physician — Whether disciplinary procedures incorporated into contract of employment — Breach of duty of trust and confidence — Whether employee entitled to damages for employer's breach of employment contract — Whether employee entitled to injunctive relief
General Medical Council v Sathananthan
[2008] LS Law Med 455
General Medical Council — Interim orders on registration — Whether order of suspension appropriate on grounds of public protection — Whether appropriate on grounds of wider public interest — Whether appropriate to extend order — Whether 12 months' extension appropriate
Boustead v North West Strategic Health Authority
[2008] LS Law Med 471
Clinical negligence — Premature birth — Very young mother — Standards of 1987 — Causation — Cumulative causes each making material contribution
Bailey (by her Father and Litigation Friend, Bailey) v Ministry of Defence
[2008] LS Law Med 481
Clinical negligence — Causation — Concurrent cumulative negligent and non negligent causes of injury — Whether liability required the application of the “but for” test or satisfied simply by proving material contribution
Kulkarni v Milton Keynes Hospital NHS Trust
[2008] LS Law Med 494
Employment — Injunction — Disciplinary proceedings — Legal representation — Evidence
London Borough of Ealing v KS, LU, SK (by her Litigation friend the Official Solicitor), MHAS and SR
[2008] LS Law Med 505
Medical ethics — Vulnerable Adult — Capacity — Consent — Best Interests — Right to respect for private and family life — Sexual relations — Contraception — Personal Welfare Deputy
Yearworth v North Bristol NHS Trust
[2008] LS Law Med 535
Human tissue — Stored sperm — Negligently caused loss or damage — Whether personal injury — Whether property
Lewis v Secretary of State for Health
[2008] LS Law Med 559
Confidential patient information — Whether a doctor's duty of confidentiality survived a patient's death — Court's jurisdiction to authorise disclosure of confidential patient information in the public interest — National Health Service Act 2006, section 251 — Health Service (Control of Patient Information) Regulations 2002 — Whether post mortem removal of tissues for analysis amounted to patient care and treatment
Loraine v Wirral University Teaching Hospital NHS Foundation Trust
[2008] LS Law Med 573
Clinical negligence — Breach of duty — Causation — Remoteness — Injury — Foreseeability — Unforeseen consequences — Damage — Medical records — Providing records to treating doctors
Roberts v Nottinghamshire Healthcare NHS Trust
[2008] LS Law Med 586
Disclosure of psychologist's report — Data Protection Act 1998 — Action for disclosure of medical report by patient detained under the Mental Health Act 1983 — Exemption to disclosure on the ground of risk of harm to health — The role of the court — Appointment of special advocates