Clinical negligence specialists Anthony Searle and Allegra Enefer analyse the Supreme Court’s landmark ruling on lost years damages for infant claimants in the case of CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5. Introduction On 18 February 2026, the Supreme Court allowed CCC’s appeal by a majority of four to one: [2026] […]
Clinical negligence specialist Anthony Searle analyses a recent decision on pleading deficiencies, expert evidence missteps, and costs consequences Introduction In Read v North Middlesex Hospital Trust [2025] EWHC 1603 (KB), Master Thornett delivered a judgment that should make clinical negligence practitioners pause. The case offers a triple warning for those undertaking claimant work: Inadequately particularised […]
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The ratio of the decision in AXO v CICA [2024] EWCA Civ 226 is that in certain circumstances, there is overlap and double recovery of a CICA award and Convention damages for breach of the HRA, so that it is open to CICA to seek repayment from HRA damages of a CICA award. The decision […]
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Introduction The approach to causation in clinical negligence cases has changed significantly over the past 20 years. In this article I consider whether as practitioners we are about to see another significant step forward or whether in practical terms little has changed. Life before Bailey Before Bailey v. MoD, most clinical negligence practitioners thought that […]
See Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1 The common law general rule is that “the law does not grant remedies for the effects – whether psychological, physical or financial – of the death or injury of another person.” (para 48) Therefore, to establish a claim in the tort of negligence, a secondary […]
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