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LK v Sandwell and West Birmingham Hospitals NHS Trust
[2011] Med LR 1
Damages — Protected party — Application for approval of settlement — Identification of parties — Provision about identification in approval order — Necessity — Evidence and skeleton arguments mandatory — CPR 39.2
JXF v York Hospitals NHS Foundation Trust
[2011] Med LR 4
Damages — Protected party — Application for approval of settlement — Identification of parties — Provision about identification in approval order — Necessity — Evidence and skeleton arguments mandatory — CPR 39.2
R (Booker) v NHS Oldham and Another
[2011] Med LR 10
Judicial review — Impact of litigation indemnity on entitlement to NHS care — NHS refusal to provide care on basis of indemnity secured in litigation settlement — Ability to consider means when refusing care — Scope of “tortfeasor pays” principle
R (Rycroft) v Royal Pharmaceutical Society of Great Britain
[2011] LS Law Med 23
Pharmaceutical regulation — Delay in referring allegations for investigation — Whether implied duty to refer allegations within a reasonable period of time — Whether need to show delay rendered it unfair to continue — Waiver of the five-year time limit — Need to provide reasons
TTM v London Borough of Hackney and Others
[2011] Med LR 38
Writ of habeas corpus — Judicial review of hospital detention — Mental Health Act — Whether invalid application for section 3 treatment rendered detention unlawful ab initio — Whether hospital liable for unlawful detention — Whether sections 6(3) and 139(1) of the Mental Health Act should be read down — Whether patient entitled to compensation under article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms — Construction of section 12(2) of the Mental Health Act
Legal Services Commission v R (Humberstone)
[2011] LS Law Med 56
Coroners' Inquests — Article 2 of the ECHR — Legal Representation — Legal Services Commission — Exceptional Funding Scheme
R (Hussain) v Secretary of State for the Health Department
[2011] Med LR 75
Judicial review — NHS general dental services contracts — Dispute between dentists and PCT — Determination of NHS adjudicator — Whether dentists' contractual rights protected or subject of negotiation — Whether dentists' remuneration under contract to reflect activity undertaken by employees
In the Matter of G (TJ)
[2011] Med LR 89
Mental Capacity Act — Best interests — Benefit to others — Relevance of altruism — Substituted judgment
McCoy v East Midlands Strategic Health Authority
[2011] Med LR 103
Clinical negligence — Hypoxia — Failing placenta — Decelerations on cardiotocograph (“CTG”) trace — Whether CTG trace was satisfactory — Whether CTG trace should have been re-started or repeated — Causation — Suspicious CTG trace — Date hypoxia present — Result of further CTG trace
Ganz v Childs and others
[2011] Med LR 113
Clinical negligence — Causation — Failure to refer to hospital by General Practitioners — Hospital care on admission
R v Skipton Fund Ltd and another
[2011] Med LR 165
‘Skipton Fund’ — Compensation for people suffering hepatitis C following administration of NHS blood and blood products —
Ex gratia payment schemes — Lawfulness of eligibility criteria and standard of proof — Lawfulness of guidance — Judicial review
R (Al-Zayyat) v General Medical Council
[2011] Med LR 174
General Medical Council — Fitness to Practise Panel — Review of decision to proceed with disciplinary hearing in absence of practitioner — Whether unreasonable/perverse under Wednesbury principles
R v London Borough of Hammersmith and Fulham
[2011] Med LR 181
Mental health — After-care — Responsible local social services authority — Mental Health Act 1983, section 117 — Interpretation of phrase “is resident” — Relationship with phrase “ordinarily resident” in National Assistance Act 1948, section 24
British Pregnancy Advisory Service v Secretary of State for Health
[2011] Med LR 191
Abortion — Early Medical Abortion — Abortifacient — Whether prescription amounts to “treatment” — Meaning of “treatment” under Abortion Act 1967, section 1(3) — Statutory Review
Zia v General Medical Council
[2011] Med LR 201
Medical Act 1983, section 40 — General Medical Council — Jurisdiction — Failure of Registrar to comply with rules — General Medical Council (Fitness to Practise) Rules 2004, rule 4(2) — Referral of case to Case Examiners
Selwood v Durham County Council and others
[2011] LS Law Med 213
Duty of care to non-patient — Human Rights Act 1998 — Article 2 of the ECHR — Duty of NHS Trusts to third party threatened by a patient not compulsorily detained under the Mental Health Act 1983 — Striking out claim
R (AC) v Berkshire West Primary Care Trust
[2011] LS Law Med 226
Judicial review — Healthcare rationing — Lawfulness of policy on funding of surgery for gender disorders — Lawfulness of refusal of funding of breast augmentation for transgender females — Discrimination — Rationality of assessment of “exceptional circumstances”
Woodland v Stopford
[2011] Med LR 237
Personal injury — Procedure — Withdrawal of a pre-action admission of liability
A Child v Cambridge University Hospitals NHS Foundation Trust
[2011] Med LR 247
Damages — Protected party — Application for approval of settlement — Identification of parties — Open justice — Children and Young Person's Act 1933, section 39
Ezsias v North Glamorgan NHS Trust
[2011] Med LR 251
Employment — Contractual disciplinary procedure — Unfair dismissal — Breakdown of trust and confidence — Conduct — Some other substantial reason for dismissal
RH v South London and Maudsley NHS Foundation Trust
[2011] Med LR 270
Discharge of restriction order made under Mental Health Act 1983 — Engagement of article 5 or 8 of ECHR — Principles governing appeals from Upper Tribunal (Administrative Appeals Chamber)
R (Puri) v Bradford Teaching Hospitals NHS Foundation Trust
[2011] LS Law Med 280
Employment — Judicial review — NHS consultant — Termination of employment for misconduct — Disciplinary proceedings — Right to practise profession — Whether there was a right to reputation — Whether article 6 was engaged — Whether disciplinary and appeal panels were article 6 compliant — Independence and impartiality of disciplinary and appeal panels — Whether need to give reasons for selection of disciplinary panel members
White v Southampton University Hospitals NHS Trust and another
[2011] Med LR 296
Defamation — Letter to General Medical Council — Absolute privilege — Use of document disclosed in civil proceedings
A v A Local Authority and others
[2011] Med LR 305
Mental health — Deprivation of liberty — Standard authorisation pursuant to Mental Capacity Act 2005 — Need for updated and independent assessment of detailed person's capacity to litigate — Assessment of detained person's best interest
Khoo James v Gunapathy d/o Muniandy
[2011] LS Law Med 308
Clinical negligence — Singapore — Bolam — Bolitho — Brain tumour — Neurocytoma — Radiosurgery — Innovative treatment — Radionecrosis
Kingsberry v Greater Manchester Strategic Health Authority
[2011] LS Law Med 334
Clinical negligence — Breach of duty — Responsible body of medical opinion — Withstanding logical analysis — Causation — Cerebral palsy — Trial of forceps
Garcia v St Mary's NHS Trust
[2011] Med LR 348
Coronary artery bypass graft — Post-operative bleeding — Brain injury — Dislodgment of liga-clip — Delay in attendance by on-call registrar — Organisation of on-call system — Resources
R (Department of Health) v Information Commissioner
[2011] Med LR 363
Freedom of information — Disclosure of annual statistics on late term abortions — Concern about risk to patient confidentiality — Whether contravention of data protection principles — Whether statistics personal data and accordingly exempt from disclosure — Whether personal data if sufficiently anonymised to prevent identification of patients by public
Mabiriizi v HSBC Insurance (UK) Ltd
[2011] LS Law Med 379
Interim payment — Where payment would pre-empt trial judge's determination whether future losses should be capitalised
Brown v Guy's and St Thomas' NHS Foundation Trust
[2011] LS Law Med 387
Damages — Interim payment — Claim where Periodical Payments Order might be made — Application of principles in Cobham Hire Services Ltd v Eeles
R (Palmer) v HM Coroner for the County of Worcestershire
[2011] LS Law Med 397
Article 2 EHCR — General Duty — Operational Duty — Investigative Duty — Inquests — Resumption of Inquests following other investigations and procedures — Public Authorities’ Duties — Protection of Vulnerable Adults
C v A Local Authority and others
[2011] LS Law Med 415
Judicial review - Court of Protection - Deprivation of liberty - Article 5 of the ECHR - Seclusion - Best interests - Appropriate guidelines for deprivation and seclusion in residential special school - Mental Capacity Act 2005: Deprivation of Liberty Safeguards Code of Practice - Mental Health Act 1983 Code of Practice - Treatment of nakedness in residential special school - Severe autism - Severe learning disabilities
Hillingdon London Borough Council v Neary and others
[2011] Med LR 446
Human rights — Mental capacity — Right to family life — Right to liberty — Authorisations under Mental Capacity Act 2005 schedule A1 — Responsibilities of supervisory body
R (on the application of G) v Governors of X School
[2011] Med LR 473
Disciplinary proceedings — Teaching assistant — Legal representation — Right to a fair trial — Subsequent investigation by the Independent Safeguarding Authority and possible barring from working with children — Nexus between the two sets of proceedings — Whether governors' decision not to allow claimant legal representation at the disciplinary hearing violated his Convention right — Article 6 ECHR
Wright v Cambridge Medical Group
[2011] Med LR 496
Clinical negligence — Causation — Whether liability to be imposed on General Practitioner for delayed referral and admission to hospital in circumstances where delay did not deny opportunity for successful treatment — Presumption that hospital would have treated correctly if admitted earlier
R (on the application of Bonhoeffer) v General Medical Council
[2011] Med LR 519
Judicial review — General Medical Council — Fitness to Practise Panel — Criminal Justice Act 2003 — Rule 34 of the General Medical Council (Fitness to Practise Rules) 2004 — Article 6 right to fair hearing - admissibility of hearsay evidence
Medway Primary Care Trust v Marcus
[2011] Med LR 560
Clinical negligence — Civil procedure — Costs — Successful party — Rule 44.3(2) of the Civil Procedure Rules — Calderbank offers — Part 36 of the Civil Procedure Rules — Conduct
R (Condliff) v North Staffordshire Primary Care Trust
[2011] Med LR 572
Judicial Review — Primary Care Trust funding of bariatric surgery — Trust policy for determining Individual Funding Request — Whether policy rendered unlawful by article 8 ECHR
W v M
[2011] LS Law Med 584
Withdrawal of artificial nutrition and hydration — Minimally conscious state — Best interests
Royal Cornwall Hospitals NHS Trust v Watkinson
[2011] Med LR 636
Employment — Unfair dismissal — Whistle-blowing — Protected disclosure — Reasons for decision