On 4 November 2019 Master Cook struck out a nervous shock claim by the children of Mr Paul who collapsed and died from an untreated heart condition whilst out on a shopping trip with them in the centre of Wolverhampton. I wrote a blog piece commenting upon that decision. Today Chamberlain J has allowed the […]
Read More… from Nervous shock and the Material Gap: Paul v. Wolverhampton in the High Court
Summary Empirical data suggest that people from Black, Asian and Minority Ethnic (“BAME”) backgrounds are being disproportionately affected by Covid-19 and, on Wednesday 29th April 2020, NHS England gave sensible and important interim guidance to Hospital Trusts, pending an investigation by Public Health England. Some Trusts are seeking to protect BAME staff with measures including […]
Read More… from Dealing with the increased risks to BAME NHS staff treating Covid-19 patients
Summary The Supreme Court in Whittington Hospital NHS Trust v XX [2020] UKSC 14 has upheld the Court of Appeal’s decision to award damages for Californian commercial surrogacy to an infertile British claimant. Such an award of damages is the first of its kind in the fields of personal injury and clinical negligence. […]
Read More… from Commercial surrogacy is undoubtedly a head of loss
Lessons from the recent cases of: Saunders v Central Manchester NHS Trust [2018] EWHC 343 QB Collyer v Mid Essex NHS Trust [2019] EWHC 3577 QB Schembri v Marshall [2020] EWCA Civ 358. Surgical cases often provide difficulties for Claimants because it is not always clear how the alleged negligent injury occurred – nothing being […]
Read More… from Managing Uncertainty in the Mechanism of Injury
Hard-pressed clinicians may well be wondering: what standard of care can be expected of them during a pandemic? The modern law of clinical negligence has never been tested at a time of national crisis. Bolam v Friern Hospital Management Committee[1], which is generally regarded as the origin of the key legal principles in this area, […]