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ARB v IVF HAMMERSMITH LTD
[2018] Med LR 1
In vitro fertilisation – Lack of consent – Lawfulness of using embryos after cessation of partnership – Liability in contract – Public policy as bar to damages for unwanted children.
ACB v THOMSON MEDICAL PTE LTD AND OTHERS
[2018] Med LR 55
Wrongful conception - Birth of a healthy child - Actionable Heads of Damage - Upkeep costs - Loss of autonomy - Loss of genetic affinity - Punitive damages - Quantification of damages.
HUSSAIN v GENERAL PHARMACEUTICAL COUNCIL
[2018] Med LR 113
General Pharmaceutical Council – Fitness to Practise Committee – Whether sanction of erasure imposed for one instance of unlawful supply of prescription-only medication wrong in absence of insight in practitioner.
RICHARDS (BY HIS DEPUTY AND LITIGATION FRIEND, MINIHANE) v WORCESTERSHIRE COUNTY COUNCIL AND ANOTHER
[2018] Med LR 131
Mental Health Act 1983, section 117 - Aftercare services - Failure of statutory bodies to provide - Private funding - Restitutionary claim - Public law - Procedural exclusivity - Exclusion of private law claim - Strike out.
PETERBOROUGH AND STAMFORD HOSPITALS NHS TRUST v MCMENEMY; REYNOLDS v NOTTINGHAM UNIVERSITY HOSPITALS NHS FOUNDATION TRUST
[2018] Med LR 145
Costs – Conditional fee agreements – Recoverability of ATE insurance premium – Clinical negligence funding.
MEADOWS v KHAN
[2018] Med LR 161
Clinical negligence – Wrongful birth – Child born with disabilities both related and unrelated to breach of duty – Whether damages recoverable for additional costs of upbringing attributable to both related and unrelated disabilities.
MILLER AND ANOTHER v THE HEALTH SERVICE COMMISSIONER FOR ENGLAND
[2018] Med LR 173
Health Service Commissioner – Ombudsman – Investigation – Alternative remedy – Procedural fairness – Pre-determination – Bias – Disclosure.
YUSSOUF v THE SOLICITORS REGULATION AUTHORITY
[2018] Med LR 188
Solicitors Regulation Authority – Admission regulations – Whether applicant's failure to disclose county court judgment dishonest – Test of dishonesty in regulatory proceedings – Fairness of decision to refuse application without oral hearing.
RAZUMAS v MINISTRY OF JUSTICE
[2018] Med LR 212
Clinical negligence – Liability of healthcare providers to prisoners – Direct duties of care owed by Ministry of Justice to prisoners – Non-delegable duties of care – Vicarious liability.
SPEARMAN (A PROTECTED PARTY BY HIS BROTHER AND LITIGATION FRIEND, ANDREW SPEARMAN) v ROYAL UNITED BATH HOSPITALS NHS FOUNDATION TRUST
[2018] Med LR 244
Tort – Negligence – Personal injury – Duty of care – Occupiers’ liability – Hospital premises – Reasonable foreseeability – Contributory negligence – Vulnerable patient – Mental disorder.
KAI SURREY (A CHILD AND PROTECTED PARTY, BY HIS LITIGATION FRIEND, AMY SURREY) v BARNET AND CHASE FARM HOSPITALS NHS TRUST; AH (A PROTECTED PARTY, BY HER LITIGATION FRIEND, XXX) v LEWISHAM HEALTHCARE NHS TRUST; MEHMET YESIL (A CHILD AND PROTECTED PARTY, BY HIS LITIGATION FRIEND, ALISAN YESIL) v DONCASTER AND BASSETLAW HOSPITALS NHS FOUNDATION TRUST
[2018] Med LR 263
Costs - Proportionality - Funding arrangements - Conditional fee agreements - Legal aid certificates - Legal Aid, Sentencing and Punishing of Offenders Act 2012 ("LASPO").
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT v SERGEI SKRIPAL (BY HIS LITIGATION FRIEND, THE OFFICIAL SOLICITOR)SALISBURY NHS FOUNDATION TRUST; THE SECRETARY OF STATE FOR THE HOME DEPARTMENT v YULIA SKRIPAL (BY HER LITIGATION FRIEND, THE OFFICIAL SOLICITOR)SALISBURY NHS FOUNDATION TRUST
[2018] Med LR 276
Nerve agent exposure – Unconscious patients – Application to collect and test blood samples to assist in analysis and information gathering – Privacy and publicity – Habitual residence – Capacity – Best interests – Wishes and feelings – Mental Capacity Act 2005.
SAUNDERS v CENTRAL MANCHESTER UNIVERSITY HOSPITALS NHS FOUNDATION TRUST
[2018] Med LR 287
Burden of proof – Rare unexpected post-operative injury – Whether injury gave rise to inference of surgical negligence – Doctrine of res ipsa loquitur.
GENERAL MEDICAL COUNCIL v SOMUAH-BOATENG
[2018] Med LR 298
General Medical Council - Medical Practitioners Tribunal - Fitness to Practise - Sexual misconduct - Vulnerable patient - Sanction - Suspension - Erasure - Leniency - Overarching objective - Sanctions guidance.
EVANS AND ANOTHER v ALDER HEY CHILDREN'S NHS FOUNDATION TRUST AND ANOTHER
[2018] Med LR 309
Withdrawal of treatment – Children – Futility – Best interests – Relevance of parental views.
NHS WINDSOR AND MAIDENHEAD CLINICAL COMMISSIONING GROUP v SP (BY HER LITIGATION FRIEND, THE OFFICIAL SOLICITOR)
[2018] Med LR 320
Medical ethics – Persistent vegetative state – Withdrawal of Clinically Assisted Nutrition and Hydration (“CANH”) – Need for court sanction – Procedure.
NHS DORSET CLINICAL COMMISSIONING GROUP v LB (BY HER LITIGATION FRIEND, THE OFFICIAL SOLICITOR); SHC (BY HIS LITIGATION FRIEND, THE OFFICIAL SOLICITOR)
[2018] Med LR 329
Costs - Test cases - Welfare cases - Reasonableness - Preliminary Issue withdrawn.
NIELD-MOIR v FREEMAN
[2018] Med LR 334
DNA testing – Disputed paternity – Inherent jurisdiction to direct saliva sample – ECHR article 8.
GEE AND OTHERS v DEPUY INTERNATIONAL LTD
[2018] Med LR 347
Total hip arthroplasty – Metal-on-metal prosthesis – Defective products – Consumer Protection Act 1987 – Meaning of defective – Correct approach and relevant factors – Causation.
R (ADATH YISROEL BURIAL SOCIETY AND ANOTHER) v HM SENIOR CORONER FOR INNER NORTH LONDON (CHIEF CORONER OF ENGLAND AND WALES, INTERESTED PARTY)
[2018] Med LR 410
Coroners – Judicial review – Policy against prioritisation of deaths on religious grounds – Whether policy unlawful – Fettering of coroner's discretion – Irrationality – Discrimination – Right to manifest religion – Right to equal treatment – Coroners and Justice Act 2009 – Human Rights Act 1998 – European Convention on Human Rights – Equality Act 2010.
NAX v KING'S COLLEGE HOSPITAL NHS FOUNDATION TRUST
[2018] Med LR 431
Clinical negligence – Paediatric post-operative care – Hemi-convulsion, hemiparesis, epilepsy syndrome (HHE) – Whether delay in organising CT scan – Whether delay in intubation – Causation of injury.
HALLETT v DERBY HOSPITALS NHS FOUNDATION TRUST
[2018] Med LR 451
Health – Employment – Contracts – NHS Trusts – Junior doctors – Working time – Rest breaks – Monitoring.
HENDERSON (A PROTECTED PARTY, BY HER LITIGATION FRIEND, THE OFFICIAL SOLICITOR) v DORSET HEALTHCARE UNIVERSITY NHS FOUNDATION TRUST
[2018] Med LR 479
Clinical negligence – Illegality – Ex turpi causa non oritur actio – Claim arising out of manslaughter by reason of diminished responsibility – Whether claim permissible where claimant's responsibility for homicide not significant.
DUCE v WORCESTERSHIRE ACUTE HOSPITALS NHS TRUST
[2018] Med LR 499
Clinical negligence – Breach of duty – Consent – Causation – Duty to warn of risk – But for causation – Sufficient cause.
CLEMENTS (BY HER MOTHER AND LITIGATION FRIEND, GEIS-CLEMENTS) v IMPERIAL COLLEGE HEALTHCARE NHS TRUST
[2018] Med LR 511
Clinical negligence – Causation – Burden and standard of proof – Breach of duty – Midwifery care – Responsible body of medical opinion – Sudden untoward postnatal collapse.
CALDERDALE AND HUDDERSFIELD NHS FOUNDATION TRUST v ATWAL
[2018] Med LR 526
Contempt of court – Committal – Sentence – Imprisonment – Dishonesty – Exaggeration of claim.
RAYCHAUDHURI v GENERAL MEDICAL COUNCIL (THE PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE, INTERVENERS)
[2018] Med LR 535
Right of General Medical Council to appeal against finding of non-impairment of fitness to practise by Medical Practitioners Tribunal – Whether knowingly making false statement dishonest in particular circumstances of case.
MANZI v KING'S COLLEGE HOSPITAL NHS FOUNDATION TRUST
[2018] Med LR 552
Clinical negligence – Defendant's decision not to rely on a junior doctor's evidence – Drawing of adverse inferences – Reliance on clinical records.
BAWA-GARBA v GENERAL MEDICAL COUNCIL (BRITISH MEDICAL ASSOCIATION, PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE AND BRITISH ASSOCIATION OF PHYSICIANS OF INDIAN ORIGIN, INTERVENERS)
[2018] Med LR 561
Medical Practitioners Tribunal Service – Registrant convicted of gross negligence manslaughter – Appropriate sanction – Substitution of sanction by appellate court.
GENERAL MEDICAL COUNCIL v CHANDRA
[2018] Med LR 579
General Medical Council appeal – Application for restoration to the medical register – Fitness to practise and over-arching objective – Whether test to be applied to solicitors’ restorations also applicable to doctors – Whether “exceptional circumstances” test applied – Weight to be given to remediation in sexual misconduct and dishonesty cases – Weight to be given to promotion of public confidence and professional standards.
DARNLEY v CROYDON HEALTH SERVICES NHS TRUST
[2018] Med LR 595
Negligence – Duty of care – Whether duty of care owed by NHS Trust for advice given by non-clinical staff – Whether breach of duty of care by receptionist advising about waiting time – Whether break in the chain of causation.
BRANGWYN v SOUTH WARWICKSHIRE NHS FOUNDATION TRUST
[2018] Med LR 605
Health – Employment – Disability – Discrimination – Reasonable adjustments – Provision, criteria or practice – Perceived provision, criteria or practice – Job descriptions.
HEWES v WEST HERTFORDSHIRE HOSPITALS NHS TRUST AND OTHERS
[2018] Med LR 615
Clinical negligence – Suspected Cauda Equina Syndrome – Referral by GP to hospital – Appeal from the Master – Summary judgment.
JAHANGIRI v ST GEORGE'S UNIVERSITY HOSPITALS NHS FOUNDATION TRUST
[2018] Med LR 625
Interim injunction – Disciplinary procedures – Gross misconduct – Maintaining High Professional Standards (“MHPS”) – Exclusion from work – Breach of contract – Unreasonableness – Irrationality – Serious issue to be tried – Strongly arguable case.