"The most complicated skill is to be simple.” Dejan Stojanovic

The EU Product Liability Directive 1985[1] and the consequent Consumer Protection Act 1987 (“CPA”) were introduced in the aftermath of the Thalidomide scandal. The legislators’ intention was to provide a level playing field for EU manufacturers and, more importantly, a simple and uniform no-fault consumer protection system throughout the EU.[2]  Despite the latter aim, product liability has created some of the most complex litigation ever to hit the UK courts.  Pleadings can resemble – to those who can remember them – telephone books.  There are often detailed and complex requests for further information about the precise mechanisms alleged to have caused the defect or injury in issue.  This has created a far more complicated legal process than the fault-based system the Consumer Protection Act was meant to supplant.[3]   In short, as stated by Emily Jackson:

“The Consumer Protection Act, despite its name, has proved to be a remarkably consumer-unfriendly piece of legislation.”[4]

On 26 May 2017 a specially constituted Administrative Court comprised of Lady Justice Sharp and Dingemans J heard the first appeal brought by the GMC against a decision of a Medical Practitioners’ Tribunal under s.40A of the Medical Act 1983 in GMC v Dr Jagvivan [2017] EWHC 1247 (Admin). The PSA joined as a party since, in the event of the Court finding the GMC had no jurisdiction, it wished to argue the same points.

This was a case where the MPT found misconduct but no impairment and did not give a warning. The case was fought on its merits and on the issue of jurisdiction, which is the important aspect.

Court of Appeal hearing 25th May 2017

How do the Human Rights Act 1998 and the Mental Health Act 1983 fit together?

Should a Mental Health Tribunal (or First Tier Tribunal) limit its deliberations to whether a patient meets the statutory criteria for detention, or should it also consider whether the patient’s Convention rights have been or would be breached by the detention and/or the circumstances of the detention?

That was the question faced by the Court of Appeal when it heard the appeal of one of the most restricted patients in the United Kingdom, JD, on 25th May.

Read Michael Mylonas QC's article in the Solicitors Journal, here

1. If you have a spinal surgery case where a patient has suffered a non-negligent complication you need to read Mr Justice Green’s careful analysis of the law of consent post-Montgomery in Thefaut v. Johnston [2017] EWHC 497 QB, handed down last week on 14th March 2017.

Supreme Court Appeal Heard: 14th and 15th December 2016
Judgment to be handed down: 22nd March 2017

The Supreme Court will hand down judgment in its second appeal concerning the Mental Capacity Act 2005 at 9.45am on Wednesday 22nd March 2017.

What are the issues? Sir James Munby P dismissing the appeal to the Court of Appeal stated, “[this case] raises fundamental questions as to the nature of the Court of Protection’s jurisdiction and in particular, the approach it should adopt when a care provider is unwilling to provide, or to fund, the care sought, whether by the patient or, as here, by the patient’s family.”