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 […]
The case of Toombes v Mitchell concerned allegations of negligent pre-conception clinical advice by the Defendant with respect to folic acid supplements. The focus of this second hearing of this matter centered upon witness testimony regarding the consultation, which took place two decades ago. Introduction In this case, a GP was found liable to […]
The case of HTR centered upon matters of fact. The Claimant, who proceeds by his mother and litigation friend, LJR, seeks damages arising from an antenatal clinic appointment, during which it is alleged the Defendant acted negligently by not investigating reports of reduced fetal movement. The Facts Proceedings were issued on behalf of the Claimant […]
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, […]
The case of Thorley involved a claim in clinical negligence brought against the Defendant Trust. The case focused on issues of breach of duty and causation. The Claimant contended that the Defendant was in breach for not following its own clinical guidelines. The Facts In February 2002, the Claimant was diagnosed with atrial fibrillation and […]
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