Author: Imogen Hildred

If you ever worry that you find it hard to get your head around material contribution then stop. You are not alone. The Court of Appeal has now given welcome clarification and explained: That material contribution causation applies both to divisible and indivisible injuries. That this area of law “has been bedevilled by apparent inconsistency […]

Read More… from Why material contribution applies both to divisible and indivisible injuries

McCulloch v Forth Valley Health Board Mr McCulloch died in April 2012 after suffering a cardiac arrest. He had reported chest pain and received treatment at Forth Valley Hospital. His treating cardiologist, Dr Catherine Labinjoh, decided that his presentation was inconsistent with pericarditis. He was discharged a few days later, but then readmitted. Dr Labinjoh […]

Read More… from McCulloch v Forth Valley Health Board – Montgomery watered down?

CNZ v. Royal Bath Hospitals NHS FT and SoS for Health and Social Care, 11 January 2023 Mr Justice Ritchie has given judgment for the claimant in a historic CP case which has significant implications both for Montgomery and material contribution causation in clinical negligence cases, particularly those involving acute profound hypoxic ischaemia. The Claimant, […]

Read More… from Major new decision on Montgomery and causation in Birth Injury Cases

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 […]

Read More… from Is material contribution restricted to divisible injuries?

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 […]

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