In Dulson v Popovych, the Court refused the Defendant’s application to resile from an admission of breach of duty which had been made in her pleaded Defence. The Facts The Claimant’s claim arose following four consultations with the Defendant, a registered nurse working at Lister House Health Centre. At the first consultation, the Claimant attended […]
The case of Negus concerned a clinical negligence claim brought in respect of aortic valve replacement surgery. The case hinged on expert opinion as to whether the operating surgeon had been negligent in using a smaller mechanical valve. The Facts In Negus, a claim was initially brought by Tracey Negus, concerning an aortic valve replacement surgery […]
The judgment of HHJ Sephton QC (sitting as a judge of the High Court) in the case of Iddon provides a helpful exposition of the law and practice relating to fundamental dishonesty under s.57 of the Criminal Justice and Courts Act 2015, including how the Court should determine whether a claimant will suffer substantial injustice […]
The case of ABC focuses on the duty of disclosure, specifically when a duty is owed to disclose a patient’s hereditary disease to his child. The Facts In 2007, the Claimant’s father, XX, killed her mother. XX was convicted of manslaughter by reason of diminished responsibility and made subject to a restricted Hospital Order […]
The case of Naylor emphasises that non availability of counsel is an unsatisfactory reason for seeking an adjournment of a trial date with adjournment of trial on this basis a last resort. Facts The Claimant brought an action for Clinical Negligence. Liability and causation were both admitted with quantum disputed. The Claimant brought an action […]
