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 […]
Read More… from CICA Awards and HRA Damages: is there double recovery?
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 […]
Read More… from Secondary Victim Claims following a Paul accident
It has taken the Supreme Court eight months to decide what to do about claims for psychiatric injury by secondary victims in clinical negligence cases. By a majority of six to one they have decided that nervous shock has no place in clinical negligence cases: “We are not able to accept that the responsibilities of […]
This is another decision from Mr Justice Ritchie which, like CNZ v Bath, focusses on consent in an acute setting rather than the more leisurely context of the outpatient clinic. The Claimant suffered spinal cord injury as a result of the penetration of her spinal cord by an anaesthetic needle. An epidural had been recommended […]
Read More… from Parsons v. Isle of Wight – The importance of consent