Clinical Judgments by Key issue: Fundamental Dishonesty

Iddon v Warner, Manchester District Registry

Date
2nd March 2021
Court
Key Issues
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Judge

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 […]

Calderdale & Huddersfield NHS Foundation Trust v Metcalf [2021] EWHC 611 (QB)

Date
11th February 2021
Court
Key Issues
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Judge

The case of Calderdale emphasises the serious consequences of exaggerated and fundamentally dishonest claims brought against the NHS. Facts The Claimant (Ms. Metcalf) pursued a legitimate claim for clinical negligence deriving from delay in diagnosing Cauda Equina syndrome in 2012. The Defendant (Huddersfield Trust) admitted liability for a delay of one day in the Claimant’s […]

Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB)

Date
9th February 2021
Court
Key Issues
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Judge

The case of Brint, which largely turns on the evidence, demonstrates that Claimants who are “wholly unreliable” are not necessarily fundamentally dishonest. Introduction The Claimant’s claim arises following an extravasation injury following a CT scan with contrast carried out at the Defendant’s King George Hospital. The claim is for negligent treatment, alleging that proceeding without the […]

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