Clinical Judgments by Key issue: Burden of proof

Freeman v Pennine Acute Hospitals NHS Trust [2021] EWHC 3378 (QB)

Date
3rd December 2021
Court
Key Issues
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Judge

Freeman, a case which turned on issues of fact, was a Clinical Negligence claim for damages for severe brain injuries arising from negligent advice provided by a midwife working at the Defendant’s hospital. The case illustrates the judicial treatment of (i) the burden of proof relating to the absence of record-keeping (ii) the weight to be […]

Gibbs v King’s College NHS Foundation Trust [2021] EWHC B24 (Costs)

Date
22nd November 2021
Court
Key Issues
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Judge

In Gibbs, a party who did not consider whether they were entitled to a remission of court fees and instead paid the fee risked being unable to recover that fee from their opponent in a costs assessment undertaken on the standard basis. If the Defendant could demonstrate that the receiving party fell within the remission scheme, […]

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