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 […]
The case of Jarman provides an interesting exposition of the Bolam test. In this case, the Defendant was found to not have been negligent in failing to refer the Claimant for an emergency MRI. The Facts The Claimant injured her back in a work accident on the 17th February 2015. She reported lower back pain persisting for […]
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 […]
