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, […]
Alternative Dispute Resolution has been around for many years. It is enshrined in the Civil Procedure Rules – CPR 1.4(2)(e) requires the Court to actively manage cases by “encouraging the parties to use alternative dispute resolution procedure if the Court considers it appropriate and facilitating the use of such procedure”. The standard directions in clinical […]
Read More… from Successful Mediation in Clinical Negligence Cases – Ten Top Tips for Lawyers
At 6.50 am on 10 February 2020 Matt Hancock signed off the Health Protection (Coronavirus) Regulations 2020, SI 2020/129. The press reported that the urgent need for the regulations was that some people subject to quarantine by agreement had said they could see little point in the process and intended to leave. I suggested when I […]
Read More… from The UK Coronavirus regulations – legal powers to control a public health crisis