Wednesday, 19 April 2017

Learned Friend's Clinical Negligence Quarterly Reports

I am pleased to introduce the first quarterly report on clinical negligence in 2017. This is my review of the most important High Court and Court of Appeal judgments of the year. The first quarter of 2017 has been packed with important decisions so there has been plenty to write about. I have added some comments on the Discount Rate announcement.



See an extract from the Introduction to the first Quarterly Report below.

The cost is £50 for the year. For that you will receive four reports. You can subscribe by clicking the link Add to Cart below, or visit the Store page on this blog.

Subscribers so far have included QCs, academics, solicitors and legal executives.

Many of us now have to plan our Continuous Professional Development and record the tasks completed. By subscribing to my Quarterly Reports you can keep abreast of legal developments in clinical negligence and build your knowledge of that area of law. Each report has links to the cases referred to so that you can build a library of case law. You can meet many of your CPD needs by subscribing.




From the Introduction to Q1:

"2017 has got off to an interesting start. The first seven cases of the year, decided in the High Court and Court of Appeal, were all won by Claimants with the next three being decided in favour of Defendants. There have been some fascinating decisions and no fewer than five clinical negligence judgments in the Court of Appeal compared with two for the whole of 2016. All the cases are listed with links on my blog, but there is also a list of the cases reviewed in this Quarterly Report with links below. 

 HHJ Robinson’s decision on the scope of the duty of care of an A&E receptionist was upheld by a majority decision in the Court of Appeal. The issue of consent following Montgomery has been significant in two of the leading cases and these are discussed at length in this report. The relevance of the Bolam test to histopathological reporting was considered by Kerr J in Muller v King’s College Hospital. The Courts’ approach to expert evidence was once again a significant feature in clinical negligence case law. Jeremy Baker J adopted and applied dicta of Green J which may become standard text in future skeleton arguments and judgments. The Court of Appeal upheld a trial judge’s approach to an expert’s failure to disclose a connection with a party to the litigation and the Courts’ willingness to openly criticise experts remained evident but with an intriguing reversal of fortunes for two particular experts. The Court of Appeal began the quarter by upholding a generous award in respect of a second home and ended it by upholding a judge who had over-shared his own experiences of knee treatment when dealing with a case involving treatment of a knee. Perhaps the most important development in this quarter has come not from the courts but from the Ministry of Justice with the Lord Chancellor’s announcement of a new discount rate of -0.75% which came into force on 20 March. Although not within my self-imposed remit, I have included a section on the new discount rate in this review."

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