Clinical Negligence Briefing: April 2024

Welcome to the Spring Clinical Negligence Briefing. It has been a busy start to 2024 for Deka’s clinical negligence team. We are delighted that two members of the team were appointed as silks in March 2024  (Paul Stagg KC and Edward Lamb KC) and we wholeheartedly congratulate them on this achievement.

Articles in this briefing are provided by Richard Collier and Anirudh Mandagere on the topic of fundamental dishonesty and interim payment applications.

Richard Collier provides a useful analysis of Ritchie J’s recent decision in Williams -Henry v Associated British Ports Holding Ltd [2024] EWHC 806. It concerns fundamental dishonesty and, of most interest, provides persuasive judicial guidance on what should be taken into account when considering ‘substantial injustice’. Whilst fundamental dishonesty does not feature as frequently in clinical negligence cases as in some personal injury cases, it is still very much an important aspect of clinical negligence work and one should be aware of its hallmarks and when and how to raise, or meet, an argument of substantial injustice.

Anirudh considers Cripps v Norfolk and Norwich University Hospital NHS Foundation Trust [2024] EWHC 615 (KB) in which Allison Morgan KC (sitting as Deputy High Court judge) considered the Claimant’s application for an Interim Payment to fund a foreign surrogacy arrangement (following XX v Whittington). It serves as a useful reminder of the level of detail and evidence required in such an application.  

Read the Briefing in full here.