Sebastian Naughton appeared for the claimant in this 5-day trial concerning paramedic negligence in failing to convey the deceased to hospital in light of cardiac symptoms. Breach of duty and causation were in issue; HHJ Godsmark QC found for the claimant on both points. Sebastian was instructed by Hayley Smith from Irwin Mitchell.

Anthony Haycroft successfully represented a Scottish orthopaedic surgeon in a 9-day Fitness to Practise hearing in Manchester, in respect of an allegation of rape of a medical student at a private party. The doctor was not prosecuted by the Scottish authorities where the criminal rules of evidence are different from those in England. The GMC decided to bring FTP proceedings.

The case was legally complex: there were issues as to whether to bring judicial review proceedings in Scotland and also concerning previous allegations of rape made by the complainant in Scotland. The defence successfully applied for relevant disclosure and then permission to question her about the previous incidents.

The Panel acceded to Mr Haycroft’s submission that a “heightened examination of the facts” was called for and that upon such exercise “cogent evidence” of proof was lacking. None of the charges were found proved.

Anthony Haycroft was instructed by Douglas Jessiman and Ms Lindsay MacNeill of BTO solicitors, Glasgow, supported by the Medical Defence Union.

Please click here to read the above article on the Legal Futures website.

This ground breaking case is the first in which the Court has authorised the withdrawal of  artificial nutrition and hydration (ANH) from an incapable patient who, although in a state of very reduced consciousness, is clinically stable and still exhibiting some awareness. The decision puts the autonomy of the patient firmly at the heart of judicial decision making: as the judge remarks this is not a case about the right to die but concerns the right of this unfortunate woman to live her life at the end of her days in a way that she would have wished.

Respect for her human dignity and her freedom overwhelms the presumption that there should be any further prolongation of her life.

Serjeants’ Inn Chambers represented the Clinical Commissioning Group.

Please click here to read the above article from today’s Law Society Gazette.