The most conspicuous development in 2024 in clinical negligence litigation has been the increasing tendency of Defendants to rely upon allegations of fundamental dishonesty, either as a defence to a primary claim or in related proceedings for contempt of court. Two cases in 2024, not cases of clinical negligence but nonetheless relevant to such […]
MATERIAL CONTRIBUTION: LIGHT AT THE END OF THE TUNNEL? The decision of the Court of Appeal in Zgonec-Rozej and Others v Pereira can be seen as a further step in providing clarity in the difficult area of how causation in tort is proved by material contribution to damage without invoking the Fairchild exception. The […]
Holmes v. Poeton Holdings Ltd [2023] EWCA Civ 1377. The forensic debate as to the correct application of a concept of material contribution to damage has run in the Courts for almost as long as The Mousetrap has run on the West End stage. In Holmes v. Poeton Holdings Ltd, the Court of Appeal has […]
In late February 2019, I had lunch at Wadham College, Oxford, with Professors Carl Heneghan and Sandy Steel to discuss aseminar on epidemiological evidence and the law. Almost exactly three years later, the results of this seminar at Wadham in July 2019 and a subsequent seminar at DWF London in February 2020 have been encapsulated […]
Date: Friday 10th November 2023 Location: The Municipal Hotel, Dale Street, Liverpool, L2 2DH Your Speakers: Following the decision of the Supreme Court in McCulloch v Forth Valley Health Board the time seems right to consider (or reconsider) the principles underlying consent to treatment. The extent to which the law requires clinicians to adopt an […]
On November 10th, Pro-VIDE-Law are holding a seminar in Liverpool to reflect on Montgomery. The seminar is entitled “Where does medicine end and law begin? We are approaching the 10th birthday of Montgomery. It is reasonable to think of Montgomery as having a 10th birthday, as it is undoubtedly a favoured child of the judiciary, […]
This event will be taking place on Friday 10th November 2023 in Liverpool City Centre. It will be presented by Charles Feeny, Charles Austin, Jonathan Hobson ENT Consultant, Dr Simon Minkoff GP, and Dr Craig Purshouse Senior Lecturer in Law. Contact us for more information.
The Supreme Court has just handed down judgment in the case of Maguire, a judicial review where the family sought to assert that Article 2 was engaged, such that the jury should have considered the circumstances by which Jackie came by her death. Jackie was a middle-aged lady with Down’s syndrome who was vulnerable living […]