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REANEY v UNIVERSITY HOSPITAL OF NORTH STAFFORDSHIRE NHS TRUST AND ANOTHER

Clinical negligence – Correct approach to causation of loss where a negligently caused injury is superimposed on a pre-existing, non-negligently acquired injury – Whether defendant liable for all or part of needs created by both injuries – Whether credit should be given for care required in any event.

[2016] Med LR 23

RICH (A PROTECTED PARTY BY HER MOTHER AND LITIGATION FRIEND, RICH) v HULL AND EAST YORKSHIRE HOSPITALS NHS TRUST

Clinical negligence – Obstetric negligence – Premature delivery – Development of respiratory distress syndrome (RDS) and brain damage – Standard of obstetric care in 1993 – Whether failure to consider antenatal corticosteroid therapy – Whether antenatal corticosteroid therapy would have avoided RDS and brain damage – Whether RDS and brain damage materially contributed to by failure to provide antenatal corticosteroid therapy.

[2016] Med LR 33

DANIEL AND ANOTHER v ST GEORGE'S HEALTHCARE NHS TRUST AND ANOTHER

Human Rights Act, section 6 – Whether alleged clinical negligence amounted to breach of ECHR, articles 2 and 3 – Whether alleged delay in ambulance response time amounted to breach of ECHR, articles 2 and 3 – Legal causation test for breach of article 2 – Meaning of indirect victim under Human Rights Act, section 7.

[2016] Med LR 75

R (ON THE APPLICATION OF SPECK) v HM CORONER FOR DISTRICT OF YORK AND OTHERS

Judicial review – Inquests – Scope of inquest – ECHR, article 2 – Right to life – State's procedural obligation to investigate death – Policy and resources – Causative link with death – Coroner's duty to investigate – Coroner's discretion to investigate – Mental Health Act 1983 – Place of safety.

[2016] Med LR 103

SUDDOCK v NURSING AND MIDWIFERY COUNCIL

Nursing and Midwifery Council – Conduct and Competence Committee – Registered nurse in charge of nursing home – Whether findings against her of professional misconduct justified on the evidence.

[2016] Med LR 114

ATKINS v CO-OPERATIVE GROUP LTD

Civil evidence – Negligence – Causation – Asbestosis – Fresh evidence – Change of circumstances – Entering judgment by consent – Interim payment – Repayment of interim payment.

[2016] Med LR 169

R (ON THE APPLICATION OF LIM MEY LEE) v GENERAL MEDICAL COUNCIL

General Medical Council – Singapore Medical Council – General Medical Council (Fitness to Practise) Rules Order of Council 2004 (SI 2004 No 2608), rule 4(5) – General Medical Council Good Practice Guide (2006), para 58 – Jurisdiction – Time limits – Registrar of the General Medical Council.

[2016] Med LR 176

MICHALAK v GENERAL MEDICAL COUNCIL

Fitness to practise – Discrimination – Harassment – Jurisdiction – Employment Tribunals – Judicial review – Appeals – Qualifications bodies – General Medical Council.

[2016] Med LR 211

RE JM AND OTHERS

Court of Protection – Procedure – Administration of justice – Deprivation of liberty – Participation of P in proceedings – Rule 3A representatives – Mental Capacity Act 2005.

[2016] Med LR 243

DAY v LEWISHAM AND GREENWICH NHS TRUST AND ANOTHER

Health Education England – Employment Rights Act 1996 – Junior Doctor – Appeal against decision of Employment Tribunal to strike out claim – Protected Disclosures – Whistleblowers – Detriment – Whether disclosures protected when made to training body – Training contract not contract of employment – Doctor not within ERA 1996 definition of “worker” for purposes of relationship with Health Education England – European Convention on Human Rights, article 10 – Freedom of expression – Purposive interpretation.

[2016] Med LR 269

RE A (A CHILD)

Children – Best interests – Right to life – Life-sustaining treatment – Withdrawal of treatment – Balance sheet exercise – Pain – Wider best interests – Over-emphasis of one factor in best interests decision.

[2016] Med LR 427

R (ON THE APPLICATION OF COMMUNITY PHARMACIES (UK) LTD) v THE NATIONAL HEALTH SERVICE LITIGATION AUTHORITY THE NATIONAL HEALTH SERVICE COMMISSIONING BOARD AND THE SECRETARY OF STATE FOR HEALTH, INTERESTED PARTIES

Judicial review – Pharmaceutical services – Relocation to different premises – Patient groups – Patient groups that are accustomed to accessing pharmaceutical services – Significantly less accessible new premises – National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 (SI 2013 No 349), Regulation 24(1)(a) – Statutory construction.

[2016] Med LR 447

KEARSEY v NURSING AND MIDWIFERY COUNCIL

Nursing and Midwifery Council – Fitness to practise proceedings – Appeal against removal from the register – Whether decisions unfair – Dishonesty – Invalid notice of hearing – Address for service – Voluntary absence from proceedings – Additional evidence considered at the impairment and sanction stage.

[2016] Med LR 461

R (SSP HEALTH LTD) v CARE QUALITY COMMISSION

Judicial review – Common law duty of procedural fairness – Procedure for curing factual inaccuracies in CQC inspection report – Approach to challenge of factual accuracies if lacuna in procedure – Internal independent review process versus judicial review – Health and Social Care Act 2008.

[2016] Med LR 473

ENEMUWE v NURSING AND MIDWIFERY COUNCIL

Regulatory – Nursing and Midwifery Council – Approach to appeals from disciplinary panel – Threshold applying to challenge to factual findings and in general – Admissibility of investigation report.

[2016] Med LR 511

CARDER v THE UNIVERSITY OF EXETER

Breach of duty and causation – Asbestosis – Divisible disease – Meaning of injury and damage – Material contribution – De minimis.

[2016] Med LR 562

XP v COMPENSA TOWARZYSTWO SA AND ANOTHER

Quantum of damages – Personal injury – Sequential road traffic accidents in Poland and UK – Relative contribution of each accident to claimant's psychiatric injury – Recovery of damages under Polish law – Quantification of damages.

[2016] Med LR 570

EL-HUSEINI v GENERAL MEDICAL COUNCIL

Medical Practitioners Tribunal – General Medical Council – Regulatory – Out of time appeal against a decision of the Medical Practitioners Tribunal – Existence of any power to extend the statutory time limit – Whether any such power should be exercised – Application of the ECHR and The Equality Act 2010.

[2016] Med LR 647