Correia v University Hospital of North Staffordshire NHS Trust [2017] EWCA...
In this blog Isaac Hogarth of 12KBW discusses the recent judgment of the Court of Appeal which considers the limits of the causation principles set down by the House of Lords in Chester v Afshar. The...
View ArticleFB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334; The spectrum...
Tim Petts and Ted Cunningham of 12KBW consider this important decision where the Court of Appeal discussed the appropriate standard of care for different ranks of healthcare professionals. In FB v...
View ArticleWhat now for fixed costs in clinical negligence litigation?
In this blog Isaac Hogarth of 12 KBW considers the the recent Jackson report on fixed costs. In July 2017, Sir Rupert Jackson’s Review of Civil Litigation Costs: Supplemental Report, Fixed Recoverable...
View ArticleSmith v Lancashire Teaching Hospitals NHS Foundation Trust & ors [2016] EWHC...
This blog is written by John-Paul Swoboda of 12KBW. The Court of Appeal’s decision in Smith shone a light upon an inadequacy in the law which clinical negligence lawyers have long been aware of; the...
View ArticleConsent, causation and Chester – the Court of Appeal examines the modified...
This blog is by Vanessa Cashman of 12 King's Bench Walk. Summary The claimant underwent a total abdominal hysterectomy and bilateral salpingo-oophorectomy in order to treat extremely painful and heavy...
View ArticleClarity for illegality as stare decisis lives to fight another day: Henderson...
This blog is written by Helen Waller, a pupil barrister at 12 King's Bench Walk. In Henderson v Dorset Healthcare NHS Trust [2018] EWCA Civ 1841 the Court of Appeal reviewed the jurisprudence on the...
View ArticleCaparo is no panacea and hospitals’ duties are owed by medical and...
This blog is by Helen Waller of 12 King's Bench Walk. Is an NHS Trust liable in negligence for the acts or omissions of its administrative staff? The Supreme Court provides an answer: a unanimous yes....
View ArticleRecoverability of the costs of surrogacy: XX v Whittington Hospital
This blog is by Charley Turton of 12 King's Bench Walk The factual background The Defendant trust admitted negligence in failing to detect in Ms X signs of cancer from smear tests carried out in 2008...
View ArticleFact-finding in consent cases and confirmation, no free-standing claim for...
This blog is by Helen Waller and John-Paul Swoboda of 12 KBW The Court of Appeal held that there was no free-standing claim for damages arising from a failure to warn of risks associated with a...
View ArticleABC v St George’s Healthcare NHS Trust & Ors [2020] EWHC 455 (QB) Does a...
In this post Helen Waller of 12KBW discusses Mrs Justice Yip’s dismissal of a claim that sought to establish that a doctor owed a duty of care to disclose a patient’s hereditary disease to his child....
View Article
