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PERSONAL INJURY
Employers’ Liability – Injury must be foreseeable
Clark v Chief Constable of Essex, High Ct, 18/9/2006
Where a claim in negligence against a defendant was based upon the principle of vicarious liability for the acts and omissions of a defendant's employees, and upon alleged breaches of duties of care and other duties owed by a defendant to a claimant, and where, in that claim, it was alleged that those for whom the defendant was vicariously liable had deliberately bullied or victimised the claimant but had unintentionally inflicted psychological injury, it was necessary to the success of the claim that the injury should have been foreseeable.
CLINICAL NEGLIGENCE
Ankle operation – Erroneous finding on issue of causation
Demery v Cardiff & Vale NHS Trust, CA (Civ Div) 11/7/2006
A judge had erred, in reaching the conclusion that negligent delay in carrying out an operation on an injured ankle had not been causative of long term disablement, because he had failed to consider whether the likelihood of the culpable delay in treatment had rendered the operation less likely to succeed.
Damage suffered during hysterectomy – Negligence not established
Smith v Southampton University Hospitals NHS Trust, High Ct, 3/7/2006
The NHS trust was not liable in negligence in respect of vein and nerve damage sustained by a patient during a hysterectomy as it had undertaken the appropriate courses of action when carrying out the procedure.
Misdiagnosis of celiac disease – Recognised psychiatric injury not established
Younger v Dorset & Somerset Strategic Health Authority & Anr, CC (Southampton) 29/3/2006
Where a claimant had been misdiagnosed as suffering from coeliac disease and had been on a gluten free diet for a number of years, the loss claimed for psychiatric injury, which was less than a recognised psychiatric illness, was not recoverable at law. The balance of the claim was for economic loss and was time-barred under the Limitation Act 1980.
HEALTH
Unlawful decision to close two inpatient wards
R v Trafford Healthcare NHS Trust, High Ct (Admin) 22/9/2006
The decision of the defendant NHS trust to close two inpatient wards in a hospital that it ran was unlawful as the decision had been reached without any public consultation in breach of the Health and Social Care Act 2001 s.11.
Statutory duty to consult patients
Smith v North Eastern Derbyshire PCT & Anr, CA (Civ Div) 23/8/2006; Times, September 11, 2006
A primary care trust could not avoid or mitigate the performance of its statutory duty to consult patients, pursuant to the Health and Social Care Act 2001 s.11, by suggesting an approach to a patients' forum. The engagement of a patients' forum did not amount to an alternative remedy such as to deny a claimant relief in judicial review proceedings.
LEGAL SERVICE & FUNDING
Enforceability of CFA – Adequacy of BTE enquiries
White v Revell, High Ct (QBD Leeds) 8/9/2006
Conditional fee agreements made between the claimant and his solicitors were enforceable and complied with the Conditional Fee Agreements Regulations 2000 as the solicitors had made adequate enquiries as to the existence of before-the-event insurance policies that might have been held by the claimant and had sufficiently advised him.
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