As noted in our previous blog entry discussing Clarke v Kaleciński, the growing phenomenon of UK residents travelling abroad for cosmetic surgery is, sadly, a fertile ground for clinical negligence claims. There are often major arguments to be had at the outset of such cases about which country’s courts have jurisdiction to hear the case […]
The case of Aderounmu involved a preliminary issue on limitation for a claimant who was alleged to lack the mental capacity to manage the litigation. The Court had to decide whether he was under a disability, if not when his date of knowledge arose, and if it was more than 3 years before the proceedings […]
The case of Polmear is the latest in a series of cases in which the limits of the application of the Alcock control mechanisms are being considered in the clinical negligence context. The Defendant’s attempted strike out of the Claimants’ secondary victim psychiatric injury claims failed – but an appeal is being heard, along with […]
In the case of Henry which largely turned-on expert evidence, Master Cook found the Defendant Trust not liable on any of the three counts of alleged negligence. Facts The Claimant brought a claim for clinical negligence arising out of posterior instrumental fusion surgery performed by surgeons within the Defendant Trust on 22 July 2010. The […]
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