Bill Madden (LexBlog United Kingdom)

39 results for Bill Madden (LexBlog United Kingdom)

  • Books: Fleming’s Law of Torts, 11th Edition.

    A new edition of Fleming has been released: LINK. Major new developments in the 11th Edition (by Sappideen, Vines, Eldridge, Gilker, Handford & McDonald) include: *Developments in intentional torts including Lewis v Australian Capital Territory (wrongful imprisonment), and decisions concerning the reach of claims under Wilkinson v Downton in the UK and Canada. *In Australia, the expanding role of

  • Medical: Capacity & Fundamental distrust of medical advice.

    A NHS Trust v ST & Ors [2023] EWCOP 40 (On UK National Archives). This decision of the England and Wales Court of Protection addresses an unusual issue. The issues for determination at this hearing were ST’s capacity (i) to litigate and (ii) to make her own decisions in relation to future medical treatment. ST...

  • Medical: The legal test as to whether an alternative treatment requires discussion with a patient.

    McCulloch & Ors v Forth Valley Health Board (Scotland) [2023] UKSC 26 (on BAILII), per Lords Reed, Hodge, Kitchen, Hamblen and Burrows. With thanks to Lauren Sutherland KC for drawing attention to this decision. A press summary was provided by the Court, from which the following has been drawn. Background to the AppealThis case is concerned...

  • Abuse: Vicarious liability – Close connection to employment (UKSC).

    The UK Supreme Court was called upon to consider whether the Court of Appeal wrongly find the appellant, part of the Jehovah’s Witness organisation, to be vicariously liable for a rape committed by one of their elders. Facts ‘In 1990, the respondent, Mrs B, was raped by an elder of the Barry Congregation of Jehovah’s...

  • Fradulent qualifications for NHS work: UK Supreme Court.

    R v Andrewes [2022] UKSC 24 (on BAILII). This appeal arose in the context of “CV fraud” and the confiscation regime provided by the Proceeds of Crime Act 2002. The fraudster performs the agreed services satisfactorily and is paid the agreed salary until the fraud is discovered. On a conviction for fraud, should there be...

  • Children’s end of life decisions (UK).

    Barts Health NHS Trust v Dance, Battersbee & Battersbee [2022] WFC 80 (on the Judiciary UK website). The Archie Battersbee decisions, leading up to the current decision of the Family Division of the High Court (UK), have been the subject of considerable media and social media attention. Part of the earlier debate touched on the...

  • Professional negligence claim arising from MMR vaccine > epilepsy allegation (UK).

    Coote v Ullstein [2022] EWHC 607 (QB) (on BAILII). An article by Neil Rose in Legal Futures draws attention to this matter, in which the potential negligence of counsel and solicitors in respect of limitation period advice was not causative of loss as the litigation (alleging a link between MMR vaccine and epilepsy) would have failed...

  • Medical: Psychoanalysis + Jurisdiction.

    Chandrasekaran v Navaratnem [2022] NSWSC 346 (on Caselaw). Although only a short interlocutory decision, this matter gave rise to an issue as to the jurisdiction of the Court where treatment was said to have been provided overseas (psychoanalysis in London) but damage was said to have been suffered in New South Wales (though the precise...

  • Medical: Best interests renal transplant (UK).

    Manchester University NHS Foundation Trust v WV [2022] EWCOP 9 (on BAILII). The Court of Protection was called upon to consider the best interests of a 17 year old in respect of a proposed renal transplant (though the judgment did not suggest that a transplant was imminently available). He lacked the capacity to make decisions...

  • Medical: UK Wrongful life issues revisited.

    With thanks to Victoria Lyon for drawing my attention to this issue which has again come before the Courts. Readers of this blog will remember the interlocutory decision Toombes v Mitchell [2020] EWHC 3506 (QB) (21 December 2020) (available on BAILII) which sought to determine a preliminary issue – whether on the facts of the claimant’s case...

  • Capacity: Disability + consent to sexual activity considered by UK Supreme Court.

    A Local Authority (Respondent) v JB (by his Litigation Friend, the Official Solicitor) (AP) (Appellant) [2021] UKSC 52 (online) To have capacity to decide to have sexual relations with another person, does a person need to understand that the other person must have the capacity to consent to the sexual activity and must in fact...

  • Pregnancy termination for disability & discrimination (UK).

    Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 (Admin), available on BAILII, saw an application by Ms Crowther and others seeking a declaration of incompatibility under section 4 of the Human Rights Act 1998 (“HRA”) in respect of section 1(1)(d) of the Abortion...

  • Risk of thrombocytopenia and thromboembolism after covid-19 vaccination and SARS-CoV-2 positive testing.

    A medical rather than a medico-legal topic, but Dr Muskesh Haikerwal has drawn attention to an important study published in the BMJ late last week (open access). Risk of thrombocytopenia and thromboembolism after covid-19 vaccination and SARS-CoV-2 positive testing: self-controlled case series study by Julia Hippisley Cox and others, used a very large UK cohort...

  • Blatant exaggeration or fabrication: Injury claim.

    A contempt of court issue arose in One Insurance Ltd v Beasley (High Court UK), arising from the involvement of B in a road traffic accident. The Court noted: 3. The claim grew and included claims of injuries to shoulder, neck, back with widespread pain to the right side of the body and in addition...

  • Wrongful birth scope of duty / causation: Khan v Meadows (UKSC).

    Khan v Meadows [2021] UKSC 21 (available on BAILII) saw all members of the Court agree that the appeal should be dismissed, though three judgments were written as noted below. The main judgment was that of Lord Hodge & Lord Sales (with the agreement of Lord Reed, Lady Black and Lord Kitchen).. As a reminder...

  • Conduct: Vaccination social media & fitness to practice as a nurse.

    With thanks to Jane Butler for drawing my attention to a UK fitness to practice committee finding in relation to Kay Allison Shemirani (available on nmc.org.uk). The case against Nurse S arose from statments in relation to Covid 19 on social media and at public events. It was said that those statements promoted health advice...

  • UK: Further decision on gender dysphoria treatment & Gillick competence issues.

    A decision in December 2020 Bell v Tavistock and Portman NHE Foundation Trust & Ors [2020] EWHC 3274 (Admin), available online, gained considerable attention in England and elsewhere when addressing the legal requirements for consent by minors and or court approval for gender dysphoria treatment. Apparently the hearing of an appeal from that decision will begin on...

  • Abuse: Jehovah’s Witneses (UK)

    The Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356 (on BAILII) provides a UK appellate consideration of vicarious liability for the sexaual assault of a member of the Barry congregation. The trial judge had found that the first and second defendants, Watch Tower Bible and Tract Society of Pennsylvania...

  • Incapacity and COVID vaccination.

    The UK Human Rights blog (available here) has written on three cases which came before the Court of Protection: Re E [2021] EWCOP 7; SD v RBKC [2021] EWCOP 14; and Re CR [2021] EWCOP 19. The authors explain: In these cases, …the relatives of three care home residents lacking medical capacity, objected to their receiving the...

  • UK: Wrongful life cause of action or not?

    Toombes v Mitchell [2020] EWHC 3506 (QB) (21 December 2020) (available on BAILII) raises some bried but legally complex issues. This brief note is not sufficient to cover all the elements of the decision, even though the decision itself is quite short. The trial was held to determine a preliminary issue – whehter on the...

  • UK Judicial review ruling: Tavistock gender identify development service + puberty supressing drugs.

    Bell v Tavistock and Portman NHE Foundation Trust & Ors [2020] EWHC 3274 (Admin), available online, is a three judge decision on a claim for judicial review of the practice of the defendant, the Tavistock and Portman NHS Foundation Trust, through its Gender Identity Development Service (GIDS) and the first and second Interveners (the Trusts)...

  • UKSC: Compensation refused for killing during psychotic episode.

    The Appellant, who had previously been diagnosed as suffering from paranoid schizophrenia or schizoaffective disorder, stabbed her mother to death whilst expiring a serious psychotic episode. The Appellant pleaded guilty to manslaughter by reason of diminished responsibility. It was common ground between the parties that this would not have happened but for the Respondent’s breaches...

  • UK: New GMC guidance on consent.

    With thanks to Lauren Sutherland QC for drawing my attention to the new General Medical Council Decision making and consent guidance, which will come into effect on 9 November 2020. Of particular interest is the new mention of a/v recordings by doctors and or by patients and whether such recordings form part of the medical...

  • UK: First duty of candour penalty.

    The Care Quality Commission reports that University Hospitals Plymouth NHS Trust has been ordered to pay a total of £12,565 after admitting it failed to disclose details relating to a surgical procedure or apologise, following the death of a 91-year-old woman. The trust was fined £1,600, a £120 victim surcharge and ordered to pay £10,845.43...

  • Altruistic cell donation: Parens patriae.

    The UK Human Rights blog has provided a note on A NHS Foundation Trust v MC [2020] EWCOP 33 (available on BAILII). “MC was the subject of an application by an NHS Trust seeking the court’s consent for the harvesting of peripheral blood stem cells so they can be donated to her mother who has...

  • Mediation in healthcare claims – an evalution.

    With thanks to Julie Somerville for drawing attention to the evaluation report published by NHS Resolution (UK). The organisation notes that in December 2016, NHS Resolution (known at the time as the NHS Litigation Authority) took the ground-breaking step of becoming one of the first indemnifiers in the UK to establish a mediation panel with...

  • COVID-19: Critical care clinical guidance (UK).

    COVID_19_care_guidance_May_5_endorsed With thanks to Cindy Tucker for providing the UK Intensive Care Society document “Clinical Guidance: Assessing whether COVID-19 patients will benefit from critical care, and an objective approach to capacity challenges“, which can be downloaded from the link above. This document is noted to have been released at a time when the first surge...

  • Civil litigation & conduct fears in UK?

    Writing for The Guardian newspaper (UK), Owen Bowcott on 19 April 2020 reported lobbying by the Medical Defence Union to “grant some form of legal immunity to medics risking their lives during the pandemic“. The article notes that several US States have adopted laws which provide healthcare professionals and hospitals with “immunity from civil liability...

  • Covid-19: UK decision on refusal of patient to leave hospital.

    As helpfully noted by Nigel Poole QC, University College London Hospitals NHS Foundation Trust v MB (Rev 1) [2020] EWHC 882 (QB) (09 April 2020) is available on BAILII, The Claimant is the NHS Foundation Trust which operates, among other hospitals, the National Hospital for Neurology and Neurosurgery, London. By a claim issued on 2...

  • UKSC: Damages in tort + surrogacy costs

    A third tort decision of the UK Supreme Court this week was that of Whittington Hospital NHS Trust v XX [2020] UKSC 14, available on BAILII. The claim arose from the negligent reporting of cervical smear and biopsy tests, which was admitted. In 2013, when the errors were detected, her cervical cancer was too far...

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