- Home/Publications/Medical Law Reports
R (Munjaz) v Mersey Care NHS Trust
[2006] Lloyd's Rep Med 01
Mental Health Act 1983 — Ministerial Code of Practice — Hospital Policy departing from Code — Seclusion of patient — Whether Policy unlawful under domestic law — Whether Policy unlawful as infringing human rights — European Convention on Human Rights — Articles 3, 5 and 8
An NHS Trust v (1) A (2) SA
[2006] Lloyd's Rep Med 29
Medical treatment — Withdrawal of life-sustaining treatment — Best interests — Opposing expert opinions — Relevance of court's preference of one expert
Secretary of State for the Dept of Health v MH
[2006] Lloyd's Rep Med 48
European Convention on Human Rights, article 5 — Detention of incapacitated patient — Incompatibility with Mental Health Act 1983 — Whether sufficient protection afforded to patient who was incapable of exercising rights of application to Mental Health Tribunal for herself — Whether extension of period of detention under section 29(4) of the Mental Health Act 1983 required automatic reference to court
R (Takoushis) v HM Coroner
[2006] LS Law Med 57
Inquests — Death potentially attributable to substandard care in NHS hospital — Whether coroner carried out proper and sufficient investigation of hospital system — Scope of application of ECHR article 2 where death potentially caused by clinical negligence on part of agent of the state
Flora v Wakom (Heathrow)
[2006] Lloyd's Rep Med 80
Damages — Periodical payments — Indexation of periodical payments — Disapplication of retail price index — Damages Act 1996, section 2(9) — Strike out
Thompson v Bradford
[2006] Lloyd's Rep Med 95
Clinical negligence — Relevance of breach of duty to injury complained of — Liability for unforeseeable consequence of breach of duty — Whether GP in breach of duty of care in advice and recommendation in favour of immunisation
Henshall v General Medical Council
[2006] Lloyd's Rep Med 103
General Medical Council — Preliminary Proceedings Committee — Test to be applied in deciding whether to refer an allegation of serious professional misconduct to Professional Conduct Committee — Whether test correctly applied — Whether practitioner's response to complaint should be taken into account if disclosure to complainant refused
R (Dr SS) v Knowsley NHS PCT
[2006] Lloyd's Rep Med 123
National Health Service Act 1977, section 28X — National Health Service (Performers Lists) Regulations 2004, Regulation 10 — Requirements of natural justice in conducting oral hearings to consider removal from list — Jurisdiction of the court to intervene to prevent unfairness before first stage hearing and any subsequent appeal to FHSA
West Bromwich Albion Football Club Ltd v Mr MM El-Safty
[2006] Lloyd's Rep Med 139
Whether contract between doctor and patient's employer — Intention to create legal relations — Clinical negligence — Whether duty of care owed by doctor to patient's employer/third party
Maria Freeman v Christopher Lockett
[2006] LS Law Med 151
Damages — Cost of future care — Claimant receiving direct payments from local authority in respect of care costs — Whether deduction to be made from damages for future care on account of future local authority funding — Whether claimant unreasonably failing to mitigate loss by withdrawing application to local authority for funding
Crofton v NHS Litigation Authority
[2006] LS Law Med 168
Damages — General damages — Future losses including accommodation and care — Whether current residential accommodation sufficient for claimant's needs — Extent to which local authority would fund future care provision in claimant's own home by direct payments — Effect of local authority contributions on assessment of damages for cost of future care.
X NHS Trust v J
[2006] Lloyd's Rep Med 180
Consent to medical treatment — Adult lacking capacity — Declaratory proceedings — Costs of the Official Solicitor
NHS Trust v Ms D and Ors
[2006] Lloyd's Rep Med 193
Best interests — Costs — Official Solicitor — Whether the NHS trust should pay one half of the Official Solicitor's costs.
Jan Gryf-Lowczowski v Hinchingbrooke NHS Trust
[2006] Lloyd's Rep Med 199
Contract of employment — Frustration — Relevant factors — Default of party alleging frustration — Availability of injunctive relief — Breakdown of trust and confidence — Loss of benefits of employment — Damages inadequate
Dr Michael Kircher v Hillingdon Primary Care Trust
[2006] LS Law Med 215
Employment contract — Disciplinary procedures — Interim relief — Principles to be applied to interim injunctions in employment cases and where mandatory injunction sought — Status quo versus status quo ante — Breach of contract — Reliance on notice clause and precedence over disciplinary procedures — Dismissal purporting to take place with immediate effect
Meadow v General Medical Council
[2006] Lloyd's Rep Med 233
General Medical Council — Fitness to Practise Panel — Practitioner giving expert evidence at criminal trial — Whether immune from complaint — Whether error in evidence and failure to point out lack of expertise amounted to serious professional misconduct
Denton Hall Legal Services v Kathryn Hilary Fifield
[2006] Lloyd's Rep Med 251
Personal injury — Upper limb disorder — Negligence — Breach of statutory duty — Hearsay — Previous inconsistent statement
Lillywhite v University College London Hospital's NHS Trust
[2006] LS Law Med 268
Negligence — Res ipsa loquitur — Wrongful birth — Holopresencephaly — Ultrasound scan — Failure to identify brain abnormalities — Tertiary referral — Standard of care — Burden of proof — Absent structures — Mimicking echoes
R (Malik) v Waltham Forest PCT
[2006] Lloyd's Rep Med 298
National Health Service Act 1977, section 28X — National Health Service (Performers Lists) Regulations 2004, regulation 13 — Lawfulness of interim suspension of General Practitioner from Performers List — Application of article 6 and article 1 of the First Protocol of the European Convention of Human Rights to interim suspension proceedings
YM v Gloucestershire Hospitals NHS Foundation Trust
[2006] Lloyd's Rep Med 309
Damages — Periodical payment order — Approval of settlement — Reasonable security in respect of continuity of payment — Distinction between NHS trust and NHS foundation trust for the purposes of assessing reasonable security — Model form of order for periodical payments
NHS Trust v MB
[2006] Lloyd's Rep Med 323
Medical treatment — Declaration of lawfulness of proposed treatment — Seriously disabled but sentient child — Withdrawal of life prolonging treatment — Benefits and burdens
Phipps v General Medical Council
[2006] Lloyd's Rep Med 345
General Medical Council — Professional Conduct Committee — Finding of serious professional misconduct — Suspension for 12 months — Unsuccessful appeal to the High Court — Appeal to the Court of Appeal — Permission for a second appeal — Application of section 55(1) Access to Justice Act 1999 and Rule 52.13 Civil Procedure Rules 1998 — Permission refused — Merits of the Appeal — The sufficiency of reasons given by the Committee — Consideration of the obligation on the Committee to give reasons for the findings of facts in the charges found proved
Rogers v Swindon NHS PCT
[2006] Lloyd's Rep Med 364
Judicial review — Irrational policy — Decision whether to fund Herceptin treatment for breast cancer patient — Exceptional circumstances — Discrimination between patients with equal clinical need
SL v Pembrokeshire County Council
[2006] LS Law Med 383
Negligence — Duty of care — Article 8 ECHR — Liability of social workers for investigation of suspected child abuse — Whether duty of care owed to parent
Arpad Toth v David Michael Jarman
[2006] LS Law Med 397
Expert evidence — Independence — Conflict of interest — Medical Defence Union — Disclosure of conflict of interest — Admission of fresh evidence on appeal — Conduct of appeal by counsel — Jurisdiction to restore appeal before judgment — Causation — Nervous shock
Smith v North Eastern Derbyshire PCT
[2006] LS Law Med 425
Primary Care Trust — Health and Social Care Act 2001 — Duty to consult — Patients” rights — General practitioner services — Alternative Provider of Medical Services (APMS) — Patients” Forum — Undue delay — Alternative remedy
R (JB) v Dr A Haddock & Ors
[2006] LS Law Med 433
Mental Health Act 1983 — Forcible treatment — Task of second opinion doctor — Test of convincing medical necessity — Level of proof required — Nature of review by court
R (Johnson & Ors) v London Borough of Havering & Ors
[2006] LS Law Med 447
Human Rights Act 1998 — Public authority for purposes of section 6(1) — Whether private sector nursing home acting under arrangements with a local authority was acting as a public authority within the meaning of the Act — Whether the transfer of residents to a home within the private sector was a breach of Convention rights
R (Dr D) v Secretary of State for Health
[2006] LS Law Med 457
Judicial review — Issue of Alert Letter by Regional Director of Public Health in respect of doctor suspected of conduct making him a serious potential or actual risk to patients — Whether lawful when doctor acquitted of such conduct by a criminal court and the GMC — Public interest — Whether a pressing need for disclosure of the suspected conduct to doctor's potential employers — European Convention for the Protection of Human Rights, article 8
Palmer v East and North Hertfordshire NHS Trust
[2006] LS Law Med 472
NCAS assessment procedures — Whether agreement between employer and consultant binding — Whether agreement frustrated — injunctive relief
Katie Younger v Dorset & Somerset Strategic Health Authority
[2006] Lloyd's Rep Med 489
Preliminary issue — Limitation Act 1980' section 38 — Loss of enjoyment of life falling short of a recognised psychiatric illness and not arising as a result of a physical injury or failure to ameliorate congenital condition — Whether such loss amounted to personal injury for which damages recoverable in law
Byrzykowski v Poland
[2006] LS Law Med 505
ECHR article 2 — Death of mother shortly after birth of disabled child — Widower initiating criminal and disciplinary proceedings and pursuing civil claim for compensation — Delays in all three sets of proceedings — Whether investigation into circum stances of death effective
Anthony McHugh v Deidre Delores Gray
[2006] LS Law Med 519
Limitation of action — Personal injuries — Time limit, power to overrule — Claimant suffering from PTSD — Personal injuries claim settled — Claimant seeking to amend pleadings to include action against psychiatrist for negligent provision of prognosis report — Whether judge wrongly exercised discretion in refusing to disapply limitation period — Limitation Act 1980, sections 11, 14, 33
R (Pat Morris) v Trafford Healthcare NHS Trust
[2006] LS Law Med 529
Judicial review — Health and Social Care Act 2001 — Duty to consult public — Urgent need to close inpatient wards due to clinical safety issues