Whittington Hospital NHS Trust v XX [2020] UKSC 14

The Supreme Court addressed the question of what the measure of damages should be for a woman’s loss of the ability to have children. Full judgment, dated 1 April 2020 Summary: R claimed, and had been allowed by the Court of Appeal, the costs of surrogacy arrangements in California which would be unenforceable in the … Continue reading Whittington Hospital NHS Trust v XX [2020] UKSC 14

Mario Schembri v Ian Marshall [2020] EWCA Civ 358

The Court of Appeal addressed the appropriate approach to causation in a medical negligence case where a particular mechanism for a positive outcome could not be proven. Full judgment, dated 10 March 2020 Summary: The court was presented with a case where, had the Appellant not failed to refer the deceased to hospital, she would … Continue reading Mario Schembri v Ian Marshall [2020] EWCA Civ 358

West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220

The Court of Appeal dealt with issues concerning the recoverability of ATE premiums in clinical negligence premiums. Full judgment, dated 17 July 2019 Summary: The Respondent sought to have a standard of reasonableness and proportionality applied to the amount of ATE premiums claimed as an expense in two clinical negligence claims. The court rejected the … Continue reading West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220