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Farraj v King's Healthcare NHS Trust
[2010] LS Law Med 1
Negligence — Vicarious liability — Whether non-delegable duty owed by laboratory carrying out DNA testing on tissue sample where that sample sent to specialist cytogenetics laboratory for culture
R (On the Application of Bristol Myers Squibb Pharmaceuticals Ltd) v National Institute for Health and Clinical Excellence
[2010] LS Law Med 20
Judicial review — NICE guidance on use of new drug treatment within the NHS — Appraisal and determination process of new drug's cost–effectiveness — Compliance of process with European Transparency Directive — Whether duty to undertake process fairly — Whether process undertaken fairly
Emmanuel v South Gloucestershire Primary Care Trust and Family Health Services Appeal Authority
[2010] LS Law Med 32
Family Health Services Appeal Authority — Oral evidence — Fairness — Length of Sitting Day
Udom v General Medical Council
[2010] LS Law Med 37
General Medical Council — Fitness to Practise Panel — Order for conditions on registration — Conditions imposed tantamount to suspension — Whether error of law — Role of specialist adviser — Specialist adviser's opinion accepted as to period required for retraining — Whether error of law
R (G) v Governors of X School
[2010] LS Law Med 45
Judicial review — Applicability and scope of Article 6 in relation to disciplinary proceedings concerning teaching assistant — Opportunity for legal representation at disciplinary proceedings — Relationship between barred list procedure and school disciplinary proceedings
Sosanya v General Medical Council
[2010] LS Law Med 62
General Medical Council — Interim orders — Power of court to quash interim order — Consideration of “public interest”
Lauffer v Barking, Havering & Redbridge University Hospitals NHS Trust
[2010] LS Law Med 68
Employment — NHS consultant contract of employment — Termination of employment — Termination for “some other substantial reason” — Duty of trust and confidence — Disciplinary proceedings — Interim injunction — Application of American Cyanamid principles
Igboaka v Royal College of Pathologists
[2010] LS Law Med 78
Race Relations Act — Race discrimination — Discrimination by other bodies — Alleged discrimination by General Medical Council — Alleged aiding and abetting of discrimination by Royal College of Pathologists — Whether accessory could be liable where body with primary liability could not be liable under the Act due to appeal procedure to High Court
Huntley v Simmons
[2010] LS Law Med 83
Damages — Care costs — Expert evidence — Significance of joint statements
Jones v North West Strategic Health Authority
[2010] LS Law Med 90
Professional liability — Obstetrics and gynaecology — Shoulder dystocia and cerebral palsy — Jehovah's Witness — Failure to advise of risk — Whether mother should have been advised of risk of shoulder dystocia and of option of caesarean section — Whether delivery procedures were negligent — Whether delivery of remainder of body 15 minutes after delivery of head was excessive
Re N (A child); A v G and another
[2010] LS Law Med 107
Family Law proceedings relating to a child — Disclosure of reports prepared for such proceedings to the GMC — Effect of new disclosure regime introduced by amendments to the Family Proceedings Rules 1991
Carter v Ministry of Justice
[2010] LS Law Med 125
Clinical negligence — Breach of duty — Whether healthcare department of prison failed to exercise due care in treatment of prisoner subsequently diagnosed with breast cancer — Whether differences in approach to issue of breach when judging prison healthcare department rather than GP — Whether differences relevant to fact finding exercise of Court
Whiston v London Strategic Health Authority
[2010] LS Law Med 132
Limitation Act 1980 — Actual knowledge — Constructive knowledge — Section 33 discretion
Ogbonna v Nursing & Midwifery Council
[2010] LS Law Med 150
Nursing and Midwifery Council — Fitness to practise proceedings — Appeal against decisions taken at factual inquiry stage — Whether decisions unfair — Whether findings of misconduct and impairment unfair
R (Council for the Regulation of Healthcare Professionals) v GMC
[2010] LS Law Med 157
General Medical Council — Appeal against sanction imposed by Fitness to Practise Panel — Misconduct of a sexual nature towards female colleagues — Whether sanction of suspension with a requirement for review unduly lenient
GJ v The Foundation Trust
[2010] LS Law Med 167
Mental capacity — Mental health — Deprivation of liberty — Standard authorisation — Mental Capacity Act 2005, section 21A and schedules A1 and 1A paras 2, 5 and 12 — Whether person ineligible to be deprived of liberty — Whether relevant instrument authorised person to be mental health patient — Whether person within scope of Mental Health Act 1983
Mezey v South West London and St George's Mental Health NHS Trust
[2010] LS Law Med 190
Employment — Injunction — Maintaining High Professional Standards — Capability — Threshold for disciplinary hearing
R (on the application of McVey) v Secretary of State for Health
[2010] LS Law Med 204
Judicial review — vCJD compensation scheme — Rejection of proposal to vary trust deed — Undue delay in providing reasons — Provision of reasons — Irrationality of decision
Ternent v Ashford & St Peter's Hospital NHS Trust
[2010] LS Law Med 220
Clinical negligence — Caesarean section repair — Preliminary issue — Burden and standard of proof — Whether negligence could be inferred from fact of wound breakdown — Existence of non-negligent cause for wound breakdown — Inability to reach conclusion as to cause of injury
Saunders v Hearing Aid Council
[2010] LS Law Med 230
Hearing Aid Council — Disciplinary proceedings — Pornography — Specificity of allegation — Proportionality of sanction — Costs
Southall v General Medical Council
[2010] LS Law Med 235
General Medical Council — Fitness to Practise Panel — Whether finding of fact perverse — Whether adequate reasons given for finding of fact
Southall v General Medical Council
[2010] LS Law Med 252
Remedies hearing following the decision between the same parties reported under neutral citation EWCA Civ 407 — General Medical Council — Fitness to Practise Panel — Whether finding of fact perverse — Whether adequate reasons given for finding of fact
Ingram v Williams
[2010] LS Law Med 255
Clinical negligence — Causation — Premature delivery at home — Multiple factors responsible for injury — Negligent factors materially contributing to injury which would to some lesser and unquantifiable degree have arisen in any event — Whether claimant entitled to succeed in full or subject to apportionment
R (March) v The Secretary of State for Health
[2010] LS Law Med 271
Judicial review — Ex gratia compensation schemes — Victims of contaminated blood products — Non-statutory inquiry — Government rejection of recommendation — Accuracy of reasons
AC v Berkshire West Primary Care Trust
[2010] LS Law Med 281
Judicial review — NHS Trust policy for funding gender dysphoria treatment — Application of policy to transsexual seeking breast augmentation surgery — Whether surgery lawfully classified as low priority and non-core — Whether policy consistent with Sex Discrimination Act 1975
Savage v South Essex Partnership NHS Foundation Trust
[2010] LS Law Med 292
Human Rights Act 1998 — Article 2 of the ECHR — Suicide of patient detained under section 3 of the Mental Health Act 1983 — Breach of operational duty to protect the claimant — Status of daughter as a victim — Relief for breach of Article 2
Edwards v Chesterfield Royal Hospital NHS Foundation Trust
[2010] LS Law Med 307
Employment — Damages — NHS consultant contract of employment — Disciplinary procedures — Wrongful dismissal — Summary dismissal following breach of contractual disciplinary procedure — Limit of damages — Damages recoverable at large for breach of contract
DH NHS Foundation Trust v PS (Official Solicitor)
[2010] LS Law Med 320
Medical ethics — Vulnerable adult — Capacity — Consent — Best interests — Medical Treatment — Cancer — Reasonable force
Bradshaw v General Medical Council
[2010] LS Law Med 323
General Medical Council — Interim Orders Panel — Interim Suspension Order — Section 41A Medical Act application to terminate interim suspension order — Whether public interest ground was qualified by necessity — Whether allegations about probity and integrity were sufficient to justify interim suspension
R (Remedy UK Ltd) v General Medical Council
[2010] LS Law Med 330
General Medical Council — Rejection of complaint — Misconduct in the exercise of medical calling — Deficient professional performance — Need for close link to the practice of medicine — Morally culpable conduct — More than bad judgment required
Tomkins v Knowsley Primary Care Trust
[2010] LS Law Med 342
Contract — NHS Dentistry — General Dental Services — Dispute over contract value — Entire contract clause — Jurisdiction of First-tier Tribunal to resolve dispute — Set-off — Unilateral variation
TTM v London Borough of Hackney and Others
[2010] LS Law Med 362
Judicial review — Habeas corpus — Whether detention ruled unlawful under section 3 Mental Health Act unlawful ab initio — Article 5 of ECHR — Compatibility of sections 6 and 139 of the Mental Health Act 1983 with the ECHR — Meaning of “practical” under section 12 Mental Health Act — Impact of honest mistake in application by approved mental health professional
Rabone and Another v Pennine Care NHS Trust
[2010] LS Law Med 376
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
G v (1) E (Official Solicitor) (2) A Local Authority (3) F
[2010] LS Law Med 392
Vulnerable adult — Capacity — Deprivation of liberty — Article 5 of ECHR — Best interests
Nottinghamshire County Council v Bottomley
[2010] LS Law Med 407
Clinical negligence — Damages — Application to join as a party — Additional party — CPR r 19.2 — Local authority — Interest in proceedings — Periodical payments — CPR r 41.7 — Cost of future care — Loss of trial date — Litigation friend — Conflict of interest
Hameed v Central Manchester University Hospitals NHS Foundation Trust
[2010] LS Law Med 412
Employment — NHS Contract of Employment — Disciplinary Procedures — Extent to which Disciplinary Procedure incorporated into Contract of Employment — Article 6 ECHR — Independent and Impartial Tribunal
Gibb v Maidstone and Tunbridge Wells NHS Trust
[2010] LS Law Med 458
Employment — Administrative Law — Compromise agreement between NHS Trust and former chief executive — Validity of compromise agreement — Whether compromise agreement was Wednesbury unreasonable, irrationally generous, ultra vires
— Whether Trust was unjustly enriched at former employee's expense — Whether Trust was in breach of contractual duty of trust and confidence
Baxter v McCann
[2010] LS Law Med 473
Clinical negligence — General practitioner's failure to diagnose ovarian cancer — Whether bimanual examination performed — Whether appropriate bimanual examination would have identified ovarian cancer
Sandler v General Medical Council
[2010] LS Law Med 491
General Medical Council — Interim Orders Panel — Doctor accused of criminal offences — Application to terminate an order of interim suspension of medical registration — Whether public interest in upholding reputation of profession required suspension of registration
D County Council v LS
[2010] LS Law Med 499
Mental capacity — Mental Capacity Act 2005, section 3 — Test for capacity to consent to sexual relations — Test for capacity to consent to marriage