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Van Colle v Chief Constable of Sussex Police
[2009] LS Law Med 01
Human Rights Act 1998 — Right to life — Police taking no steps to protect witness — Witness murdered by accused before trial — Whether positive obligation on police to protect witness – Negligence – Duty of care – Police – Victim reporting to police threats of violence from identified attacker – Victim suffering injury from attacker
Kelly v GE Healthcare Limited
[2009] LS Law Pat 06
Patents — Invention by employee — Research scientist — Outstanding benefit — Payment — Patents Act 1997, s 40
Azzam v General Medical Council
[2009] LS Law Med 28
General Medical Council — Fitness to practise proceedings – Approach to be taken when determining whether fitness to practise impaired
Savage v South Essex Partnership NHS Foundation Trust
[2009] LS Law Med 40
Human Rights Act 1998 — Claim for compensation for breach of Article 2 — Preliminary issue — Extent of state's duty to protect life of hospital patient detained under Mental Health Act 1983 — Test to be applied to establish breach of such duty
Wootton v J Docter Ltd
[2009] LS Law Med 63
Pharmaceutical negligence — Causation — Material increase in risk — ‘But for’ test — Fairchild v Glenhaven Funeral Services
Environment Agency v Ellis
[2009] LS Law Med 70
Employers' Liability — Accident at work — Causation — Pre-existing undiagnosed condition — Subsequent accidents — Whether compensation for injury should be reduced to reflect subsequent accidents — Whether injury divisible
Cain v Francis
[2009] LS Law Med 82
Limitation Act 1980 — Interpretation of s 33 of the Limitation Act 1980 — Prejudice to defendant does not include the loss of the limitation defence itself
Re S and S (Protected Persons) C v V
[2009] LS Law Med 97
Mental Capacity — Mental Capacity Act 2005, sections 1–4, 16 — Appointment of deputy — Taking wishes of person lacking capacity into account — Principles to be applied
Jain v Trent Strategic Health Authority
[2009] LS Law Med 112
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
Yearworth v North Bristol NHS Trust
[2009] LS Law Med 126
Human tissue — Stored sperm — Negligently caused loss or damage — Whether personal injury — Whether property
R (Crouch) v Secretary of State for Health and the British Dental Association (Interested Party)
[2009] LS Law Med 142
Judicial Review — National Health Service dentist and orthodontist termination provisions — Whether free-standing right of Relevant Body to terminate — National Health Service (Personal Dental Services Agreements) Regulations 2005 — Personal Dental Services Transitional Provisions Order 2005
Rogers v East Kent Hospitals NHS Trust
[2009] LS Law Med 153
Limitation — Limitation Act 1980, s 14 — Knowledge of attribution of injury to act or omission alleged to constitute negligence — Constructive knowledge — Exercise of court's discretion under s 33 Limitation Act 1980 to disapply limitation period — Court's power to extend time following late service of Particulars of Claim
R (Servier) v National Institute for Health and Clinical Excellence
[2009] LS Law Med 163
Judicial review — NICE — Consultation process — Disclosure of economic model — Duty of transparency and fairness — Duty of confidentiality — Disability Discrimination Act 1995, section 21D — European Convention for the Protection of Human Rights and Fundamental Freedoms
Jones v Conwy and Denbighshire NHS Trust
[2009] LS Law Med 195
Clinical negligence — Liability — Orbital infection causing abscess, craniotomy, and epilepsy — Bolam and Bolitho applied — Reasonable body of opinion
Re B (a minor)
[2009] LS Law Med 214
Medical ethics — Declaratory relief — Disabled child — Likely future deterioration in condition — Circumstances in which treatment might be properly withheld — Use of agreed medical evidence as guide to future lawful treatment
R (on the application of Zygmunt) v General Medical Council
[2009] LS Law Med 219
General Medical Council — Fitness to Practise Panel — Whether fitness to practise impaired — Material relevant to determine
Peters v East Midlands Strategic Health Authority
[2009] LS Law Med 229
Damages — Whether a local authority could seek a refund of payments for care and accommodation from the claimant — Claimant's right to claim damages from the medical defendants rather than the provision of care and accommodation from the local authority — Whether the multiplier for damages for privately funded care and accommodation should be reduced to take account of possible future local authority provision
R (on the application of Harrison) v Secretary of State for Health; Wakefield District Primary Care Trust and another (interested parties)
[2009] LS Law Med 246
National Health Service — Continuing Care — Direct Payments — National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care 2007 — National Health Service Act 2006 — European Convention for the Protection of Human Rights and Fundamental Freedoms, Articles 8, 14
Re P
[2009] LS Law Med 264
Mental capacity — Succession — Mental Capacity Act 2005, ss 1–4, 16, 18(1)(i) — Power of court to execute will for person lacking mental capacity — Principles to be applied
Cobham Hire Services Ltd v Eeles
[2009] LS Law Med 274
Damages — Interim payment — Claim where Periodical Payments Order might be made — Guidance to the approach to be taken in determining the capital amount against which the interim payment was advanced — Such capital amount not to include the PPO — To be estimated conservatively — Use of independent financial adviser's evidence at this stage not usually appropriate
R (on the application of YA) v Secretary of State for Health
[2009] LS Law Med 282
Judicial review — Entitlement of failed asylum seeker to free treatment under National Health Service — National Health Service Act 2006 — Whether failed asylum seeker ordinarily resident or lawfully resident in United Kingdom so as to be exempt from charges for treatment — Whether NHS Trusts have discretion to withhold treatment from such persons — Lawfulness of guidance given by Secretary of State for Health as to treatment and charging of overseas visitors
Cheatle v General Medical Council
[2009] LS Law Med 299
General Medical Council — Fitness to Practise Panel — Appeal to the Administrative Court — Court's powers to interfere with findings of fact — Duty to give reasons for findings of fact — Respect of Court for professional judgment of Panel on impairment — Meaning of impairment — Proportionality of sanction — Effect of loss of employment on sanction
Primary Health Investment Properties Ltd v Secretary of State for Health
[2009] LS Law Med 315
General practitioners — Judicial review — NHS professional medical services — Appeal process — Article 6 — Independence — Bias
Fryers v Belfast Health and Social Care Trust
[2009] LS Law Med 345
Psychiatric injury — Fear for future consequences — Needle stick injury — Whether hospital worker could recover in tort and/or contract for existing psychiatric injury caused by apprehension of occurrence of future events — Whether psychiatric injury reasonably foreseeable — Whether contractual damages available
Whiston v London Strategic Health Authority
[2009] LS Law Med 355
Clinical negligence — Cerebral palsy — Preliminary issue — Limitation — Date of knowledge — Knowledge of attributability of injury to pleaded acts or omissions — s 14 Limitation Act — s 33 Limitation Act — Burden of proving constructive knowledge
Gibb v Maidstone and Tunbridge Wells Nhs Trust
[2009] LS Law Med 364
Employment — Whether compromise agreement ultra vires — Irrationally generous compromise — Claim for monies owed — Claim for equitable damages — Duty of trust and confidence
Roult (a protected person by his mother and litigation Friend Holt) v North West Strategic Health Authority
[2009] LS Law Med 383
Clinical negligence — Approval of partial settlement — Court's powers to revoke or set aside approval in the light of changed circumstances
Sharief v General Medical Council
[2009] LS Law Med 389
General Medical Council — Fitness to Practise Panel — Appeal against findings of fact — Admission of evidence under rule 34 of the Fitness to Practise Rules
Gray v Thames Trains
[2009] LS Law Med 409
Damages — Manslaughter — Causation — Consequences of criminal sentence — Consequences of criminal act — Ex Turpi Causa – Public policy
R (Allen) v HM Coroner for Inner North London
[2009] LS Law Med 430
Inquest — Patient detained pursuant to s 3 Mental Health Act 1983 — Death due to natural causes — Whether ECHR article engaged — Scope of investigation required — Need for causal link with death
Szuluk v United Kingdom
[2009] LS Law Med 438
Medical correspondence — Prisoner with life threatening medical condition — Prisoner communicating directly with external medical specialist — Whether correspondence to be accorded confidentiality — Whether interference with correspondence necessary in democratic society — Whether breach of Article 8(2) of European Convention for Protection of Human Rights and Fundamental Freedoms
Southall v General Medical Council
[2009] LS Law Med 449
General Medical Council — Fitness to Practise Panel — Boundaries of acceptable conduct for paediatrician with concern about child protection — Whether sanction of erasure appropriate for transgression
Kulkarni v Milton Keynes Hospital NHS Foundation Trust
[2009] LS Law Med 465
Employment — Contract of Employment — Disciplinary Proceedings — Legal Representation — European Convention on Human Rights Article 6 — Evidence
R (on the application of Purdy) v Director of Public Prosecutions
[2009] LS Law Med 479
Judicial Review — Aiding and abetting suicide — Suicide Act 1961 section 2(4) — Discretion of Director of Public Prosecutions — Interference with right to private life — Necessity for interference to be “in accordance with law” — Accessibility and foreseeability of law on assisted suicide — Need for offence-specific policy for aiding and abetting suicide
Rabone (in his own right and as Personal Representative of the Estate of Rabone) v Pennine Care NHS Trust
[2009] LS Law Med 503
Human Rights Act 1998 — Action for compensation for breach of Article 2 — Clinical failings in the care of a patient not compulsorily detained under the Mental Health Act 1983 — Status of relatives as victims per se and in the light of settlement of common law claim — Limitation
AB v Nugent Care Society
[2009] LS Law Med 524
Sexual abuse — Trespass to the person — Claim for damages for breach of duty — Limitation Act 1980 — s 14 date of knowledge — Whether claimant's psychological state was relevant to date of knowledge — s 33 discretion — Whether size of the claim was relevant to section 33 — section 38 definition of personal injury
Saha v General Medical Council
[2009] LS Law Med 551
General Medical Council — Fitness to Practise Panel — Practitioner's failure to co-operate with an investigation — Whether breach of professional guidance — Whether breach of section 35A(2) of the Medical Act 1983 — Whether impairment of fitness to practise — Whether a two-stage process necessary for findings of misconduct and impairment of fitness to practise – Whether sanction of erasure excessive
Yeong v General Medical Council
[2009] LS Law Med 582
General Medical Council — Fitness to practise proceedings — Approach to be taken in determining whether fitness to practise impaired — Relevance of expert evidence — Relevance of overseas tribunal determination — Adequacy of reasons
FP v Taunton & Somerset NHS Trust
[2009] LS Law Med 598
Damages — Interim payment — Wrongful birth claim — Claim where Periodical Payments Order might be made — Application of principles in Cobham Hire Services Ltd v Eeles