Author: Emma Nourry

Posts by Emma Nourry

Is material contribution restricted to divisible injuries?

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I wrote an article in June last year on material contribution after the case of Davies v Frimley Health NHSFT 2021 EWHC 169 QB. Since then another first instance judge has again expressed obiter remarks on the topic in the case of Thorley v Sandwell and West Birmingham NHS Trust 2021 EWHC 2604 QB. Like Davies, the judge in Thorley also expressed […]

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Insanity should not be equated with illegality: Traylor v Kent and Medway NHS Social Care Partnership Trust [2022] EWHC 260 (QB)

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Summary: The High Court has today handed down judgment in Marc Traylor and Kitanna Traylor v Kent and Medway NHS Social Care Partnership Trust, a clinical negligence case full of interesting legal issues including the application of the illegality doctrine, voluntary assumption of risk, contributory negligence and Human Rights Act claims.  Although the claims ultimately failed, the […]

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