Hemachandran v Sudiksha Thirumalesh (deceased) and University Hospitals Birmingham NHSFT [2024]EWCA 896 is a landmark judgment given by King LJ with whom LJJ Singh and Baker agree. The successful appeal against the first instance decision that Sudiksha lacked capacity to make decisions about her medical treatment, including palliative care, was brought by her parents. That
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No Art 2 duty owed when a person with capacity exposes themselves to danger
Parkin v HM Asst Coroner Inner London (East), and London Borough of Havering and North East London NHS Foundation Trust (interested parties) [2024] EWHC 744 (Admin) (judgment here) (28 March 2024).
In the context of Article 2, the State’s obligation to take appropriate steps to safeguard the lives of citizens is a constantly evolving…
CICA Awards and HRA Damages: is there double recovery?
The ratio of the decision in AXO v CICA [2024] EWCA Civ 226 is that in certain circumstances, there is overlap and double recovery of a CICA award and Convention damages for breach of the HRA, so that it is open to CICA to seek repayment from HRA damages of a CICA award.
The decision…
Causation in Clinical Negligence Cases: Can there be liability where the same injury would probably have happened anyway?
Introduction
Life before Bailey
…
Death after asbestos exposure: Correlation is not causation (again)
HM Area Coroner for Cumbria v Leech [2023] EWHC 3476 (Admin)
In the wake of the Wandsworth decision (here) in which the High Court emphasised how correlation is not causation when dealing with a death from mesothelioma, those who read the above judgment from a s.13 application will be forgiven be scratching their…
Advocacy opportunities for junior counsel: Cross-jurisdictional guidance that Coroners should note
A 2021 study from the University of Surrey School of Law looking at gender and seniority of counsel before the UK’s highest court[1] (here) has shown that that women are under-represented as leading advocates, especially in major civil and Business and Property Courts litigation before the Supreme Court. Whilst there are some…
Mere bystanders? Obtaining the criminal records of lay inquest witnesses
Henry Gargan’s and Edward Butler’s Application [2023] NIKB 103 (here)
Although often overshadowed by the Bloody Sunday killings a few weeks earlier, the Springhill killings of 9 July 1972 still stand out as one of the most notorious events during the troubles. The five people shot dead in Belfast that day included three teenagers and a Catholic priest, who was said to…
Don’t ignore the Vice President’s Practice Guidance when a decision relates to the provision of life-sustaining treatment
GUP v EUP and UCLH NHS Foundation Trust [2024] EWCOP (25 January 2024)
Cases involving the withdrawal or withholding of life sustaining treatment can be heartrending for all involved, whatever their role. Such cases will always be uniquely and exceptionally deeply harrowing for P’s family and loved ones.
For any person to become embroiled in…
Secondary Victim Claims following a Paul accident
See Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1
The common law general rule is that “the law does not grant remedies for the effects – whether psychological, physical or financial – of the death or injury of another person.” (para 48)
Therefore, to establish a claim in the tort of negligence, a secondary…