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General Medical Council v Meadow with HM Attorney General
[2007] LS Law Med 1
General Medical Council — Fitness to Practise Panel — Practitioner giving expert evidence at criminal trial — Whether immune from complaint save on complaint from trial judge — The test to be applied on appeal to the High Court — Whether error in evidence and failure to point out lack of expertise amounted to serious professional misconduct
West Bromwich Albion Football Club Ltd v Medhat El-Safty
[2007] LS Law Med 50
Whether contract between doctor and patient's employer — Necessity as test for implication of contract — Conflict of interest — Clinical negligence — Whether duty of care owed by doctor to patient's employer/third party
Tarlochan Singh Flora v Wakom (Heathrow) Ltd
[2007] LS Law Med 62
Damages Act 1996 section 2(8)–(9) — Periodical payments — Indexation of periodical payments — Interpretation of statutes — Use of Hansard — Use of extraneous information in interpreting statutes
Lee Carl Thompstone v Tameside & Glossop Acute Services NHS Trust
[2006] LS Law Med 71
Damages — Quantum — Periodical payments — Indexation — Whether future annual payments should be increased by reference to the RPI index or some other index or measure
Iqbal v Whipps Cross University Hospital NHS Trust
[2007] LS Law Med 97
Damages - Cerebral palsy - Future care - Deduction for parental care - Accommodation - Roberts v Johnstone - Credit for cost of parent's accommodation - 'Lost years' claim - Periodical payments - Indexation
Raj Kumar Mattu v University Hospitals Coventry And Warwickshire NHS Trust
[2007] LS Law Med 122
Contract of employment — NHS Trust — Disciplinary proceedings under HC(90)9 — Recommendation as to disciplinary sanction — Chief Executive's powers and obligations — Injunction
Yanah v General Medical Council
[2007] LS Law Med 143
Medical practitioner — Fitness to practise — GMC — Health — Specialist advisor — Conflicting assessments — Panel's duty to give reasons — Medical Act 1983, section 40
McCoubrey v Ministry of Defence
[2007] LS Law Med 150
Limitation — Knowledge of significant injury — Objective test of reasonableness when determining constructive knowledge — Hearing loss — Limitation Act 1980, section 14
Cowley v Cheshire and Merseyside SHA
[2007] LS Law Med 160
Clinical negligence — Premature birth — Administration of cortico -steroids in pre-term labour — Whether hospital policy reasonable — Whether alternative policy would have altered timing of steroid administration — Likely effect on claimant's injuries
R v Medical Defence Union Ltd
[2007] LS Law Med 180
Professional indemnity — Dental indemnity — Whether Medical Defence Organisation providing indemnity cover exercising “public function” — Whether amenable to judicial review — Whether “woven into fabric of public regulation” because of NHS and professional regulatory arrangements — Whether decision reviewable by patients of dentist refused indemnity on discretionary basis
Smith v North East Derbyshire PCT
[2007] LS Law Med 188
Primary Care Trust — Duty to consult — Patients' rights — General practitioner services — Alternative provider of medical services — Whether Patients' Forum constituted alternative remedy — Whether relief should be granted — Health and Social Care Act 2001
Purver v Winchester and Eastleigh Healthcare NHS Trust
[2007] LS Law Med 193
Negligence — Standard of care — Trial of forceps — Caesarean section — Time taken
Horton v Evans and Lloyds Pharmacy Limited
[2007] LS Law Med 212
Pharmacist — Repeat prescription — Change in dose — Duty to check — Causation — Intervening act — Remoteness
Gopakumar v General Medical Council
[2007] LS Law Med 228
General Medical Council — Fitness to Practise Panel — Finding of indecency — Erasure from Medical Register — Whether finding wrong — Whether direction of legal assessor as to good character adequate — Whether sanction disproportionate
Council for the Regulation of Healthcare Professionals v GMC
[2007] LS Law Med 237
Whether CRHP could appeal stay of proceedings General Medical Council — Whether stay of proceedings was a final decision under section 29 National Health Service Reform and Health Care Professions Act 2002 — Breach of Article 8 ECHR — Whether entrapment by undercover journalist gave rise to abuse of process or breach of Article 6 ECHR — Whether evidence obtained by entrapment should be excluded under section 78 Police and Criminal Evidence Act 1984
Crofton v National Health Service Litigation Authority
[2007] LS Law Med 254
Damages — Whether claimant would receive direct payments from local authority in respect of care costs — Whether a deduction should be made on account of these
A Hospital v SW and A PCT
[2007] LS Law Med 273
Medical ethical case — Declaration — Persistent vegetative state patient — Costs of Official Solicitor
R (Peacock) v General Medical Council
[2007] LS Law Med 284
General Medical Council — Fitness to practise — Allegation of impaired fitness to practise made more than five years after events giving rise to allegation — Whether application for relief before substantive proceedings was premature — Whether facts of allegation amounted to exceptional circumstances for purposes of General Medical Council (Fitness to Practice) Rules 2004
Savage v South Essex Partnership NHS Foundation Trust
[2007] LS Law Med 291
Human Rights Act — Action for compensation for breach of Articles 2 and 8 — Preliminary issue to determine proper test to be applied in the context of a claim for clinical failings in the care of a patient compulsorily detained under the Mental Health Act
A v B Hospitals NHS Trust
[2007] LS Law Med 303
Damages Act 1996, section 2 — Periodical payments — Whether damages for the cost of future care should be awarded as a lump sum or by periodical payments linked to the Retail Prices Index
General Medical Council v Hiew
[2007] LS Law Med 309
General Medical Council — Interim Orders Panel — Power of court to extend period of interim order — Guidance on approach to be taken on application for extension — Medical Act 1983 (as amended) section 41A(7)
Rao v Central Liverpool Primary Care Trust
[2007] LS Law Med 319
Remuneration — National Health Service (General Medical Services) Regulations 1992 — Equitable set off — General Medical Services payments — Failure to provide general medical services by reason of conditions imposed by the General Medical Council
Waltham Forest NHS Primary Care Trust v R (On the Application of Malik)
[2007] LS Law Med 335
Judicial review — Human Rights — Whether unlawful suspension of GP from NHS Performers List deprived him of “possessions” within Article 1 of the First Protocol of the ECHR — Whether prospective loss of future income amounted to a “possession” — Whether a personal permission or “licence” to provide NHS general medical services amounted to a “possession”
Wade v Turfrey
[2007] LS Law Med 352
Personal injury — Interim payment — Civil Procedure Rules, r 25 — Discretion — Accommodation claim
Gouldsmith v Mid Staffordshire General Hospitals NHS Trust
[2007] LS Law Med 363
Clinical negligence — Causation — Progressive embolisation of blood vessels to hand — Failure to refer to Centre of Excellence — Relevance of Bolitho
Sarwar v (1) Ali (2) Motor Insurers' Bureau
[2007] LS Law Med 375
Damages — Future Losses — Form of Award — Periodical Payments — Indexation — Retail Price Index (RPI) — Annual Earnings Index (AEI) — Annual Survey of Hours and Earnings (ASHE) — ASHE 6115
R (on the application of Doshi) v Southend-on-sea Primary Care Trust
[2007] LS Law Med 418
Disciplinary Tribunals — Family Health Service Appeal Authority — Standard of proof
Corbett (by his mother and litigation friend Corbett) v South Yorkshire Strategic Health Authority
[2007] LS Law Med 430
Damages — Damages Act 1996 — Periodical Payments/Indexation of periodical payments — Disapplication of Retail Price Index — Lawfulness of live-in care regime — Working Time Regulations 1998 — National Minimum Wage Regulations 1999
Starkey v Rotherham NHS Foundation Trust
[2007] LS Law Med 456
Clinical negligence — Episiotomy — Third degree tear of anal sphincter — Whether failure to detect damage to the external anal sphincter was negligent — Whether faecal incontinence was caused by sphincter damage or pudendal neuropathy or functional bowel disorder
YL v Birmingham City Council and others
[2007] LS Law Med 472
Human Rights Act 1998 s 6(3)(b) — Public authority — Functions of a public nature — Whether private care home acting under arrangements made by local authority under National Assistance Act 1948 exercising functions of a public nature — Whether removal of resident from care home contrary to Convention rights
City of Sunderland v PS
[2007] LS Law Med 507
Medical ethics — Elderly patient in care unit — Application for declaratory and injunctive relief — Inherent jurisdiction — Best interests — Deprivation of liberty — European Convention for the Protection of Human Rights and Fundamental Freedoms, art 5 — Human Rights Act 1998, s 6 — Appointment of receiver — Supreme Court Act 1981, s 37 — Mental Health Act 1983, Part VII
Shala and another v Birmingham City Council
[2007] LS Law Med 517
Medical advisers — Application for local council housing — Whether applicant a priority need on grounds of vulnerability — Use of medical evidence in determining vulnerability — Issues to be considered by medical advisers generally — Factors affecting weight of medical adviser's evidence
Mezey v South West London and St George's Mental Health NHS Trust
[2007] LS Law Med 525
Contract of employment — Suspension of hospital doctor — Breach of contract — Remedy — Interim injunction
RH v United Bristol Healthcare NHS Trust
[2007] LS Law Med 535
Damages — Quantum — Periodical payments — Indexation — Whether future annual payments should be increased by reference to the RPI or some other index or measure
British Medical Association v Chaudhary
[2007] LS Law Med 554
Employment — Race discrimination — Direct discrimination — Indirect discrimination — Victimisation — Loss of a chance — Remedies
R (Otley) v Barking and Dagenham NHS PCT
[2007] LS Law Med 593
National Health Service — Medical treatment — Allocation of NHS resources/funds — Patient seeking funding for unlicensed drug treatment — Whether Trust's decision to refuse to fund drug treatment irrational
Vaidya v General Medical Council
[2007] LS Law Med 603
General Medical Council — Fitness to Practise Panel — Whether entitled to proceed in absence of respondent — Whether appellant received a hearing that was Article 6 compliant/fair — Whether an adjournment should have been granted — Effect of failing to attend hearing — Effect of testimonial evidence being accidentally withheld
Eisai Limited v NICE
[2007] LS Law Med 617
Judicial review — NICE — Guidance and guidelines — Consultation process — Fairness — Irrationality — Discriminatory effect
R (Fudge) v South West SHA
[2007] LS Law Med 645
Primary Care Trust — Strategic Health Authority — Health and Social Care Act, section 11 — Duty to involve and consult the public about proposals for National Health services — Whether duty imposed on body not responsible for making decision about services — Scope of duty
Carter v Basildon & Thurrock NHS Trust
[2007] LS Law Med 657
Clinical negligence — Causation — Cerebral thrombosis — Heparin
Vance v Taylor
[2007] LS Law Med 676
Clinical negligence — Reasonable care and skill — Diagnosis and treatment — General Practitioner — Unusual history, presentation and extent of illness — Causation