News: Simon Butler

Simon Butler and Anirudh Mandagere win in Court of Appeal

The Court of Appeal handed down judgment yesterday in Roberts v Jones [2024] EWCA 118 and [2024] EWHC 290 (KB), allowing the appeal. Simon Butler and Anirudh Mandagere acted for the Appellant. They were instructed via Advocate.

You can read the judgment…

Simon Butler and Anirudh Mandagere appear in the Court of Appeal (Civil Division)

Simon Butler led Anirudh Mandagere in the Court of Appeal yesterday in Roberts v Jones. The Court of Appeal was sitting in Swansea County Court. The significant issues in this appeal concern the operation of CPR 71 and the civil enforcement regime, as well as…

No horsing around in the care home sector

In ACL v Care Quality Commission [2021] UKUT HC/2729/2019 (ACC), the Upper Tribunal, Administrative Appeals Chamber, has provided helpful guidance on the interpretation of regulation 9 and regulation 15 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (“the…

Sexual Misconduct Allegations Against Psychotherapist Dismissed

The UK Council for Psychotherapy (UKCP) brought allegations against AB, an eminent Psychotherapist, alleging he had abused and exploited his relationship with Client A for his own sexual gain, had failed to act in the best interests of Client A, had entered…

Landmark Decision Confirms that Primary Care Providers Are Entitled to Interest at the Rate of 8% on Damages

In SSP Health Ltd v The National Health Service Litigation Authority (Primary Care Appeals Service) and others [2020] EWCA Civ 1574, [2021] P.T.S.R. 958, SSP challenged the lawfulness of a decision by the NHS Resolution adjudicator, Ms Lisa Hughes, to follow usual…

Simon Butler succeeds in Civil Trial for Clinical Negligence against a Specsavers Optometrist

In Jonathan Bond v (1)  Specsavers International Healthcare Limited (2) Mr Mahmoud Moustafa [2021] EWHC (QB), Liverpool District Registry, the claimant brought a claim against the defendants alleging that Mr Moustafa, Optometrist, had failed to safely and effectively manage the claimant, in…

Court of Appeal confirms that primary care providers who have claims resolved in their favour before the NHSLA can claim interest on damages

The Court of Appeal has handed down a judgment which will have considerable significance for anyone involved with the NHS Dispute Resolution system.  The Court has confirmed for the first time that the powers of the NHSLA, which adjudicates NHS provider disputes…

“What’s done cannot be undone.” William Shakespeare, Macbeth

In Hassan Khan v Habib Khan (2020) CLCC, the Claimant issued a claim seeking a debt in the sum of £194,021.28 against the Defendant, his brother.  The Claimant alleged that he had loaned the Defendant money to purchase a property known as…

Upper Tribunal Administrative Appeals Chamber Grants Registrant Permission to Appeal National Standards Set by Care Quality Commission

In Action for Care Limited v Care Quality Commission [2020] UKUT (HC/2729), Upper Tribunal Administrative Appeals Judge M R Hemingway has granted the appellant, Action for Care Limited, permission to appeal on two important issues which will have a significant impact on…

Suicide of a Primary Care Patient Was Not Preventable – The Perils of Suicide in Litigation

Among the many clinical skills that Advanced Nurse Practitioners and General Practitioners must acquire, the ability to assess the risk of patients killing themselves is important and demanding.  It is often a crucial factor when making clinical decisions, such as in the…