So far in 2017 there have been two cases which have clarified the need for claimant parties to
establish causation on a conventional basis in cases where a breach of duty in respect of a
clinician’s obtaining of medical consent is found proven, and the continuing narrowness of
the Chester v Afshar exception.
October 2017 – Medical Law Briefing – Causation in Medical Consent Cases post-Montgomery
This week we examine an unusual arbitration case involving (or did it?) a foreign limitation period; and another decision on the tension between open justice and protection of commercially sensitive information (we understand, by the way, that on 25th February the Court of Appeal will…
This week we look at two decisions, both of which will be of critical importance to practitioners in pursuance of contested litigation. In one, unusually, without prejudice correspondence was admissible in a case involving fundamental dishonesty; whilst in the other, the court reviewed the authorities…
Following a 5-day liability trial in the High Court in Manchester, the Claimant’s negligence and Human Rights Act claims were dismissed by HHJ Bird sitting as a Judge of the High Court. The Claimant was a Type 1 diabetic who suffered from a history of…
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