Clinical Judgments

Martin v Salford Royal NHS Foundation Trust (Payment of Damages) [2022] EWHC 532 (QB)

Date
11th March 2022
Court
Key Issues
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Judge

In the case of Martin, an application for a variable periodical payment order pursuant to the Damages (Variation of Periodical Payments) Order 2005 was made by the Defendant. In this instance, the court was satisfied there was a chance the Claimant might further deteriorate to the point of requiring institutionalisation, reducing her care needs. The […]

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, […]

Michelle Leach v North East Ambulance Service NHS Foundation Trust [2020] EWHC 2914 (OB)

Date
30th October 2020
Court
Key Issues
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Judge

The case of Leach is a helpful reappraisal of the law of material contribution to cases of PTSD in a clinical negligence context. Summary of the Facts On 18th September 2016, the Claimant suffered a subarachnoid haemorrhage (SAH) as a result of a ruptured aneurysm. The Claimant recovered well from the haemorrhage, but she was […]

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