The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Judgment in Hewes v Tanna [2018]

In Hewes v Tanna [2018] EWHC 2715 (QB) Joel Donovan QC and Martyn McLeish succeeded in reversing Master Cook’s order granting the defendant GP summary judgment. Joel and Martyn were instructed by Dr Jock Mackenzie and Amy Wedgwood at Anthony Gold Solicitors. The Master’s decision ([2018] EWHC 1345 QB) evoked widespread comment and some consternatio...
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Darnley v Croydon Health Services NHS Trust: Supreme Court confirms duty of care exists on non-medical A&E staff

Patricia-Hitchcock
In a unanimous judgment delivered on 10 th October 2018, the Supreme Court reminded practitioners that there is no need to consider the Caparo v Dickman test in every case where the existence of a duty of care is in issue, and that judges must be careful not to conflate issues relevant to the existence of a duty with those relevant to whether or no...
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Rachel Barrett represents bereaved family of Robin Richards

Inquests
Cloisters’ Rachel Barrett represents the bereaved family of Robin Richards, whose death has highlighted a lack of provision for people with Asperger’s Syndrome. A two week jury inquest in Wells, Somerset has concluded that the issues which contributed to Robin taking his own life included communication; training; information sharing; discharge plan...
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Cohabitees’ Human Rights breached by ineligibility for Bereavement Award

Specialist personal injury and clinical negligence barrister Linda Jacobs discusses Smith v (1) Lancashire Teaching Hospitals NHS Foundation Trust (2) Lancashire Care NHS Foundation Trust and (3) The Secretary of State for Justice [2017] EWCA Civ 1916 : The Court of Appeal (the Master of the Rolls, McCombe LJ and Sir Patrick Elias) has considered t...
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Simon Taylor QC and Lisa Sullivan win record meningitis clinical negligence claim involving out-of-hours doctors

Simon Taylor QC and Lisa Sullivan win record meningitis clinical negligence claim involving out-of-hours doctors
By Andrew Buchan   Simon Taylor QC and Lisa Sullivan have recently won a meningitis clinical negligence claim which is believed to be the largest involving out-of-hours doctors and the first periodical payments order against GPs not involving the NHS Litigation Authority (NHSLA). The claim in the sum of £5.8 million (lump sum equivalent) could...
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Keeping up to date with inquest law in a clinical context: can a medical patient be treated as “detained by the state”?

Keeping up to date with inquest law in a clinical context: can a medical patient be treated as “detained by the state”?
By Patricia Hitchcock QC Those regularly instructed to represent families at inquests will no doubt already be familiar with the valuable resource that is the Chief Coroner and his website, as well as the extremely useful sites of membership organizations like Inquest and AvMA.  If it’s been a little while since your last instructions, and lac...
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Incapacity and Illegality in the Personal Injury / Clinical Negligence context

Incapacity and Illegality in the Personal Injury / Clinical Negligence context
By Nathaniel Caiden Introduction Those dealing with personal injury and clinical negligence cases will often have dealt with claimants who lack capacity and the resulting costs in light of that lack of capacity.  The usual occurrence will be one where it was plainly the negligence or breach of statutory duty that caused this loss of capacity. ...
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Latest step on the road to Personal Health Records : from 31 March 2016 all GP practices should be offering online access to coded information in patient records

Latest step on the road to Personal Health Records : from 31 March 2016 all GP practices should be offering online access to coded information in patient records
By Hannah Godfrey According to the Department of Health, it is the ambition of the health and care system to become paper-free and provide citizens with their full health and care digital records by 2020. You can read more about this here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/384650/NIB_Report.pdf . The PHR (per...
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Interim payments in the clinical negligence context

Interim payments in the clinical negligence context
By  Jennifer Danvers In Sellar-Elliott v Howling [2016] EWHC 443 (QB) permission to appeal against an interim payment order of £100,000 was refused in a clinical negligence case where causation was in dispute.  This is an important case for clinical negligence practitioners dealing with such applications prior to exchange of medical evide...
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Material Contribution – the next chapter

Material Contribution – the next chapter
By Sally Cowen The Privy Council has (25/1/2016) given judgment in Williams v Bermuda Hospitals Board [2016] UKPC4, giving greater clarity on the issue of when a material contribution occurs. Previously Bailey v Ministry of Defence in the Court of Appeal had indicated that ‘material contribution’ occurred where there were multiple causes of injury ...
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Simon Dyer represents successful claimant in High Court clinical negligence trial

Simon Dyer represents successful claimant in High Court clinical negligence trial
In  Hearne v Royal Marsden Hospital , the High Court had to balance the evidence of multiple experts to determine whether and when a patient should have been given blood-thinning treatment. Simon Dyer represented the Claimant, a cancer patient in 2010 who presented at hospital with stomach pains and a number of risk factors for venous thromboe...
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Quantum Update: A review of recent case law and hot topics

Quantum Update: A review of recent case law and hot topics
William Latimer-Sayer presented a quantum update seminar at the APIL Damages Special Interest Group meeting at the Bloomsbury Hotel in London on 3 November 2015.  The lecture considered a number of significant quantum cases that have appeared in the courts during 2015 and the practical application of the same.  He spoke together with Anth...
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Reaney v North Staffordshire: Egg-shell skull rule does not apply where the shell is already broken

Reaney v North Staffordshire: Egg-shell skull rule does not apply where the shell is already broken
By Catriona Stirling The Court of Appeal has handed down its judgment in the case of Reaney v University Hospital of North Staffordshire NHS Trust & Anr [2015] EWCA Civ 1119.   The key issue in this case was how causation and quantum should be determined where a pre-existing injury is worsened by a Defendant’s negligence. Background Mrs Re...
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Memory and clinical negligence trials: Tressider v Royal Cornwall Hospitals NHS Trust

Memory and clinical negligence trials: Tressider v Royal Cornwall Hospitals NHS Trust
Tamar Burton’s article “Memory and Clinical Negligence Trials: Tressider v Royal Cornwall Hospitals NHS Trust ” published in this month's edition of  PI Brief Update Law Journal considers Cloisters' barrister  Simon Dyer’s recent case and the role of lay witness recollection in clinical negligence claims. In  Tressider v Royal Cornwa...
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£7.2 million settlement achieved for boy with cerebral palsy caused by delayed birth

£7.2 million settlement  achieved  for boy with cerebral palsy caused by delayed birth
Cloisters’ barristers Simon Dye r and Lisa Sullivan successfully represented a child with cerebral palsy in ABC v Kettering General Hospital NHS Trust . The boy, now 12, suffers from cerebral palsy as a result of delayed birth at the hospital. The case, heard at an approval hearing before Mrs Justice Nicola Davies, settled for a capitalised equival...
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The Medical Innovation Bill rears its head once more

The Medical Innovation Bill rears its head once more
By Catriona Stirling Once upon a time, the British Medical Journal satirically asked what doctors could do if faced with a clinical problem for which there were no randomised controlled trials and no good evidence  (Isaacs, D., Fitzgerald, D. Seven Alternatives to Evidence Based Medicine. BMJ. 1999 Dec 18; 319(7225): 1618). The suggested alter...
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Investigating clinical accidents – a new set of teeth?

Investigating clinical accidents – a new set of teeth?
By Patricia Hitchcock QC Shortly before Parliament rose for the election, the Public Administration Select Committee (PASC) published a report calling on the next Secretary of State for Health to set up a new, independent patient safety investigation body as a matter of priority. Lawyers specialising in medical cases, and patient advocate organisat...
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Patricia Hitchcock QC and Joel Donovan QC talk on 'Hot topics and perennial problems' at MBL clinical negligence conference

Patricia Hitchcock QC and Joel Donovan QC talk on 'Hot topics and perennial problems'  at MBL clinical negligence conference
Cloisters barristers, Patricia Hitchcock QC and Joel Donovan QC join leading expert panel of speakers at MBL's Hot Topics and Perennial Problems in Clinical Negligence  conference  on Friday 17 April 2015 in London. Patricia, who will chair the conference, specialises in clinical negligence, catastrophic personal injury, inquests, me...
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Key highlights from record-breaking court awarded clinical negligence trial

Key highlights from record-breaking court awarded clinical negligence trial
William Latimer-Sayer highlights some points arising out of the record-breaking award in Robshaw v United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB) . The highest final court award following a contested personal injury or clinical negligence trial has remained static since the decision of Lloyd-Jones J, as he then was, in A v Powys Healt...
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Current issues in cerebral palsy and brain injury claims

Current issues in cerebral palsy and brain injury claims
Simon Dyer  chaired the 2015 AvMA Cerebral Palsy & Brain Injury Cases Conference.  In his session on Current Issues in Cerebral Palsy & Brain Injury Cases, Simon discussed Tippet v Guy's & St Thomas' Hospital NHS Foundation Trust ,  Baynhan v Royal Wolverhampton Hospitals NHS Trust , trends emerging from recent cases...
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William Latimer-Sayer appears for successful Claimant in record medical negligence award case

William Latimer-Sayer appears for successful Claimant in record medical negligence award case
Cloisters barrister, William Latimer-Sayer , led by Susan Rodway QC, appeared for the successful Claimant in a case that saw the highest ever medical clinical negligence award in history. The High Court ruled today that United Lincolnshire Hospitals NHS Trust must pay £14.6 million for birth injuries to James Robshaw, after failing to carry out a C...
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Spinal orthopaedic specialist found negligent in failure to diagnose child with scoliosis

Spinal orthopaedic specialist found negligent in failure to diagnose child with scoliosis
Spinal orthopaedic specialist found negligent in failure to diagnose child with scoliosis Simon Dyer Cloisters  clinical negligence and personal injury barrister acted for the successful claimant in  Tresidder v Royal Cornwall Hospitals NHS Trust ( Queens Bench Division)11 March 2015 where an eminent spinal orthopaedic surgeon was fo...
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Warnings in the wind for informed patients as Supreme Court makes significant decision on consent to treatment

Warnings in the wind for informed patients as Supreme Court makes significant decision on consent to treatment
By Joel Donovan QC The Supreme Court's decision in Montgomery v Lanarkshire CC [2015] UKSC 11 is the most significant of the 21st century on the issue of consent to treatment. It enshrines (para 87) a doctor’s duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any rea...
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Hydrotherapy in the home

Hydrotherapy in the home
By Siân McKinley In the recent case of A (A Child) v University Hospitals of Morecambe Bay NHS Foundation Trust [2015] EWHC 366 (QB) the claimant was awarded the cost of installing a hydrotherapy pool in her home. Here we look at the circumstances in which a defendant will be ordered to pay such expensive costs. Facts As a result of negligent deliv...
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Book Review: Clinical Negligence (Seventh edition, Bloomsbury Professional) by Charles Lewis, Andrew Buchan

Book Review: Clinical Negligence (Seventh edition, Bloomsbury Professional) by Charles Lewis, Andrew Buchan
Book Review: Clinical Negligence (Seventh edition, Bloomsbury Professional) by Charles Lewis, Andrew Buchan

Recent clinical negligence trial victories for Cloisters: Coakley v. Rosie, Pringle v Nestor Prime Care Services

Coakley v Dr Rosie [2014] EWHC 1790 (QB) HHJ Oliver Jones QC found that the Defendant GP failed to suspect, diagnose or exclude, and consequently failed to treat the Claimant for bacterial meningitis when she should have done and when a reasonably competent GP would have done so. In particular the GP had failed to examine the Claimant’s rashes more...
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Duty of Candour

The results of Department of Health consultation on duty of candour and fundamental standards of care were published 7 th July 2014. From April 2015, subject to parliamentary approval of the Draft Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 , health and social providers will be required to meet fundamental standards of c...
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