Medical Law Briefing – June 2020

Briefings

30/06/2020

The up and down life of (semi) lockdown rumbles on. If you want a break from slack chats, remote court hearings and virtual quiz nights for a few moments, we have another 1CL Medical Law briefing for you.

Ella Davis looks at the approach taken by courts where the Defendant’s breach creates a lacuna in the evidence. The court will take a more benevolent approach to the Claimant’s case / evidence in such a scenario, but It is not all plain sailing for Claimants – they have hurdles to pass, and Ella explores this.

Susanna Bennett reviews the recent decision in Bradfield-Kay v Cope [2020] EWHC 1351 (QB)  and the application of Bolam / Bolitho. This test is so fundamental to clinical negligence cases it is always worthy of comment when there is a judgment dealing with it. Let’s face it, at one time or another we have all sat across the table from an expert (whether for the Claimant or Defendant) where they have been unshakeable in their opinion that there has/has not been a breach of duty, but getting to the bottom of their reasoning (or even scratching the surface of their reasoning) causes problems. Bradfield-Kay v Cope is a timely reminder to exercise caution in such cases.”

Read the Briefing in full here.

Latest News & Events

Adam Dawson awarded MBE in King’s Birthday Honours List 2025

Chambers congratulates Adam Dawson upon being awarded an MBE for services to charity and service to the Jewish Community. For over 30 years Adam has been involved in the heart of the Jewish community, leading several charities and organisations. After a year as Chair of…

The Dekagram: 9th June 2025

This week Russell Wilcox and Thomas Clarke examine whether in applications to set aside default judgment there exists such a thing as a ‘co-defendant principle’; essential reading for all practitioners. Co-defendants and Applications to Set Aside: the More the Merrier? In the recent case of…

URS v BDW – The winner takes it all…

Introduction On Wednesday 21st of May, the Supreme Court handed down judgment in the long-awaited case of URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21.  The judgment was awaited by almost all with an interest in construction law and related professional negligence. BDW…

Subscribe to our mailing list

Deka Chambers: 5 Norwich Street, London EC4A 1DR

© Deka Chambers 2025

Search

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)