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SIMMONS v CASTLE
[2013] LS Law Med 1
Damages - Duty of Court of Appeal to monitor and adjust guideline rates for general damages - Implementation of Legal Aid, Sentencing and Punishment of Offenders Act 2012 - Increase in general damages awards in tortious claims from 1 April 2013.
SIMMONS v CASTLE (ASSOCIATION OF BRITISH INSURERS, ASSOCIATION OF PERSONAL INJURY LAWYERS, PERSONAL INJURIES BAR ASSOCIATION, INTERESTED PARTIES)
[2013] LS Law Med 4
Damages - Implementation of Legal Aid, Sentencing and Punishment of Offenders Act 2012 - Reconsideration of proposed adjustment of general damages awards from 1 April 2013 - Whether 10 per cent increase in such awards to apply to existing CFA claims - Whether 10 per cent increase in such awards to apply to other existing claims - Scope of awards attracting 10 per cent increase.
SIMMONS v CASTLE
[2013] LS Law Med 13
Clinical negligence - Reporting of proceedings - Reports other than in newspapers - Social media - Identification of claimant - Open justice - Children and Young Person's Act 1933, section 39 - CPR r39.2(4) - CPR r5.4A-5.4D.
SPENCER v GENERAL OSTEOPATHIC COUNCIL
[2013] LS Law Med 18
Registered osteopath - Failure to take adequate notes of consultations with patient - Whether unacceptable professional conduct.
CYC v PC
[2013] LS Law Med 26
Mental capacity - Human rights - Question to which capacity test to be applied - Best interests - Family life - Marriage - Contact between married couple - Risk of harm.
WEST LONDON MENTAL HEALTH NHS TRUST v CHHABRA
[2013] LS Law Med 33
Employment – Breach of contract – Contractual disciplinary procedures – Gross misconduct – Capability – injunctive relief.
POPPLE v BIRMINGHAM WOMEN’S NHS FOUNDATION TRUST
[2013] LS Law Med 47
Clinical negligence – Causation – Obstetric brain damage – Cardiotocographic (CTG) tracing – Timing of brain damage – Timing of episiotomy.
AN NHS TRUST v KH
[2013] LS Law Med 70
Judicial review – Mental Capacity Act – Best interests – Children – Life-sustaining treatment – Advanced care plans – Withholding future treatment – Parental wishes – Role of parents lacking capacity.
WAGHORN v CARE QUALITY COMMISSION
[2013] LS Law Med 80
Care Quality Commission – Independent hospitals – Registration – Care Standards Act 2000 – Cosmetic Surgery – Carrying on an independent hospital without registering – Practising privileges.
R (SREEDHARAN) v HM CORONER FOR THE COUNTY OF GREATER MANCHESTER AND OTHERS
[2013] LS Law Med 89
Inquest – Whether straying beyond legitimate remit – Whether Wednesbury unreasonable not to leave verdict of suicide to the jury – Multiple allegations regarding conduct of inquest and alleged bias.
TAYLOR v A NOVO (UK) LTD
[2013] LS Law Med 100
Personal injury – Nervous shock – Negligence – Employer's liability – Fatal accident – Secondary victim – Proximity – Accident at work – Psychiatric harm – Post traumatic stress disorder – Delay between accident and traumatic event.
AINTREE UNIVERSITY HOSPITALS NHS FOUNDATION TRUST v JAMES (BY HIS LITIGATION FRIEND, THE OFFICIAL SOLICITOR) AND OTHERS
[2013] LS Law Med 110
Mental Capacity Act 2005 – Adult – Best interests – Withholding of life sustaining medical treatment – Futility of medical treatment.
PERRY v NURSING AND MIDWIFERY COUNCIL
[2013] LS Law Med 129
Disciplinary proceedings of Nursing and Midwifery Council – Procedure of investigating committee when considering making interim order on registration pending substantive hearing of complaint – Whether opportunity should be given to registrant to give evidence as to whether allegation against him true.
THOMAS v CURLEY
[2013] LS Law Med 141
Clinical negligence – Res ipsa loquitur – Bile duct injury following laparoscopic cholecystectomy – Dispute on nature of injury – Expert evidence at trial of possible cause – Whether judge's approach to non-applicability of res ipsa loquitur doctrine could be faulted – Whether judge erred in finding that negligence could be inferred.
R (SAVE OUR SURGERY LTD) v JOINT COMMITTEE OF PRIMARY CARE TRUSTS (NEWCASTLE UPON TYNE HOSPITALS NHS FOUNDATION TRUST, INTERESTED PARTY)
[2013] LS Law Med 150
Judicial review – Proposal for reconfiguration of healthcare services – Public consultation – When disclosure of relevant material required.
R (SAVE OUR SURGERY LTD) v JOINT COMMITTEE OF PRIMARY CARE TRUSTS (NEWCASTLE UPON TYNE NHS FOUNDATION TRUST, INTERESTED PARTY)
[2013] LS Law Med 172
Judicial review – Remedies – Proposal for reconfiguration of healthcare services – Public consultation – Remedy when process unlawful for material non-disclosure.
HARFORD v NURSING AND MIDWIFERY COUNCIL
[2013] LS Law Med 179
Nursing and Midwifery Council – Test for misconduct – Breach of code of practice – Duty to co-operate with investigations – Defence of duty of confidentiality – Issue of impairment of fitness to practise.
MEIKLEJOHN v ST GEORGE'S HEALTHCARE NHS TRUST
[2013] LS Law Med 191
Clinical negligence – Diagnosis and treatment of rare genetic disorder – Aplastic anaemia – Dyskeratosis congenita – Clinical examination – Subtle signs in absence of classic symptoms – Not warned of rare serious side effect – Duty to discuss alternative treatment – Consent for research use of blood sample – Expert evidence in highly specialised field – Use of United States expert.
PC AND ANOTHER v CITY OF YORK COUNCIL
[2013] LS Law Med 213
Mental capacity – Marriage – Contact between married couple – Question to which capacity test to be applied.
DR E Y v GENERAL MEDICAL COUNCIL
[2013] LS Law Med 227
Interim Orders Panel of the General Medical Council – Medical Act 1983, section 41A(10) – Whether chaperone condition necessary and proportionate – Role of court – Adequacy of reasons – Reasonable onlooker test.
LUDWIG v OXFORD RADCLIFFE HOSPITALS NHS TRUST AND ANOTHER
[2013] LS Law Med 249
Clinical negligence – Breach of duty – Medical causation – Multiple possible causes of an injury including unknown causes.
TELLES v SOUTH WEST STRATEGIC HEALTH AUTHORITY
[2013] LS Law Med 272
Clinical negligence – Paediatric brain damage post cardiac surgery – Whether negligent surgical and post-operative care – Causation of injury – Whether single period of negligent care established liability for totality of injury.
DOVE v JARVIS AND ANOTHER
[2013] Med LR 284
Clinical negligence – Orthopaedic surgery – Hip replacement – Standard of care in tort and in contract – Representation that surgery would be “well done”.
JD v MATHER
[2013] Med LR 291
Clinical negligence – Causation – Cancer – Melanoma – Staging – Cure and survival – Reduced life expectancy – Statistics – General medical practitioner.
SILVERSTONE (EXECUTRIX OF THE ESTATE OF ROGER SILVERSTONE, DECEASED) v MORTENSEN AND ANOTHER
[2013] Med LR 300
Clinical negligence – Tort – Contract – Effect of contractual terms.
CM v EXECUTOR OF THE ESTATE OF EJ (DECEASED) AND OTHERS
[2013] Med LR 321
Human Tissue Act 2004 – Consent – Originating summons – Collection, removal, storage and use of human tissue – Samples taken for third party's benefit.
DOY (A CHILD BY HIS MOTHER AND LITIGATION FRIEND) JOANNE DOY v GUNN
[2013] Med LR 327
Clinical negligence – Breach of duty – Meningitis – General practitioner – Misdiagnosis – Referral – Medical notes – Findings of fact – Assessment of evidence – Witness credibility.
HARRISON v ISLE OF WIGHT NHS PRIMARY CARE TRUST
[2013] Med LR 334
Limitation – Limitation Act 1980, section 14 – Knowledge of attribution of injury to act or omission alleged to constitute negligence – Exercise of court's discretion under Limitation Act 1980, section 33 to disapply limitation period.
OLIVER v WILLIAMS
[2013] Med LR 344
Clinical negligence – Delayed diagnosis of cancer – Causation of injury – Loss of a chance – General damages for pain and suffering – Apportionment of psychiatric injury.
HUSSAIN v BRADFORD TEACHING HOSPITAL NHS FOUNDATION TRUST AND ANOTHER
[2013] Med LR 353
Clinical negligence – Cauda Equina Syndrome – Delay in diagnosis – Delay in treatment – Rapid deterioration – Causation.
BEECH (BY HIS LITIGATION FRIEND JOANNE MOUNSEY) v TIMNEY AND ANOTHER
[2013] Med LR 369
Negligence – Causation – Material contribution – Hypertension – Stroke – Medical literature.
TURNER v WALSALL HOSPITAL NHS TRUST
[2013] Med LR 379
Clinical negligence – Case management decision – Permission to rely on experts – Appeal.
LESS AND ANOTHER v HUSSAIN
[2013] Med LR 383
Personal injury – Clinical negligence – Contract – Causation – Wrongful conception – Scope of duty – Loss of autonomy – Psychiatric injury – Proximity – Secondary victim – Failure to advise on risks of pregnancy – Distress caused by breach of contract.
TAAFFE (PERSONAL REPRESENTATIVE OF THE ESTATE OF ELEANOR TAAFFE, DECEASED) v EAST OF ENGLAND AMBULANCE SERVICE NHS TRUST
[2013] Med LR 406
Clinical negligence – Clinical history and assessment of chest pain by ambulance service – Failure to advise transfer to hospital – Damages for death of spouse – Discount for prospects of divorce.
CHESHIRE WEST AND CHESTER COUNCIL v P (BY HIS LITIGATION FRIEND THE OFFICIAL SOLICITOR)
[2013] Med LR 421
Deprivation of liberty – Restraint – Capacity – Meaning of “deprivation of liberty” within article 5 of the ECHR – Appropriate comparator for article 5 of ECHR – Mental Capacity Act 2005, section 16.
A NHS TRUST v DE (BY HIS LITIGATION FRIEND THE OFFICAL SOLICITOR) AND OTHERS
[2013] Med LR 446
Court of Protection – Person lacking capacity – Best interests – Consent to sterilisation – Vasectomy.
WALKER-SMITH v GENERAL MEDICAL COUNCIL
[2013] Med LR 462
General Medical Council – Fitness to Practise Panel – Capacity – Whether investigations of children referred to hospital with disintegrative disorder and symptoms of intestinal disease were appropriate attempts at diagnosis and treatment or part of a research project lacking Ethics Committee approval – Whether practitioner's intention relevant – Whether treatment carried out clinically indicated.
R v PATEL
[2013] Med LR 507
Mental Capacity Act 2005, section 44 – Whether duty to perform CPR – Meaning of wilful neglect – Whether offence of wilful neglect includes causation of harm.
LOUGHLIN (BY HIS MOTHER AND LITIGATION FRIEND, BARBARA ANNE KENNEDY, FORMERLY KNOWN AS LOUGHLIN) v DAL SINGH AND OTHERS
[2013] Med LR 513
Brain damage – Frontal lobe injury – Mental Capacity Act 2005 – Capacity to conduct litigation – Capacity to manage property and affairs – Damages – Gratuitous care – Commercial care – Case management – Loss of earnings – Provisional damages.
R (ON THE APPLICATION OF ANTONIOU) v CENTRAL AND NORTH WEST LONDON NHS FOUNDATION TRUST AND OTHERS
[2013] Med LR 536
ECHR, Article 2 – Procedural obligation – Investigations – Inquests – Mental Health.
AN NHS TRUST v DR A (BY HIS LITIGATION FRIEND THE OFFICAL SOLICTOR)
[2013] Med LR 561
Medical treatment – Capacity – Hunger strike – Protest by mentally ill asylum seeker – Force feeding amounting to a deprivation of liberty – Whether food medical treatment for mental disorder – Whether forcible provision of artifi cial nutrition and hydration lawful under the Mental Health Act 1983, Mental Capacity Act 2005 or the High Court's inherent jurisdiction – ECHR, articles 2, 5 and 8.