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
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Causation in Clinical Negligence Cases: Can there be liability where the same injury would probably have happened anyway?
By Celia Davies
Introduction
Life before Bailey
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Secondary Victim Claims following a Paul accident
By Celia Davies
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…
Paul v Wolverhampton – The end of the road for nervous shock in clinical negligence….
“We are not able to accept that the responsibilities of
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Parsons v. Isle of Wight – The importance of consent
By Celia Davies
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Why material contribution applies both to divisible and indivisible injuries
By Celia Davies
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McCulloch v Forth Valley Health Board – Montgomery watered down?
McCulloch v Forth Valley Health Board
Mr McCulloch died in April 2012 after suffering a cardiac arrest. He had reported chest pain and received treatment at Forth Valley Hospital. His treating cardiologist, Dr Catherine Labinjoh, decided that his presentation was inconsistent with pericarditis. He was discharged a few days later, but then readmitted. Dr Labinjoh…
Major new decision on Montgomery and causation in Birth Injury Cases
By Emma Nourry
CNZ v. Royal Bath Hospitals NHS FT and SoS for Health and Social Care, 11 January 2023
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Is material contribution restricted to divisible injuries?
By Emma Nourry
I wrote an article in June last year on material contribution after the case of Davies v Frimley Health NHSFT [2021] EWHC 169 QB. Since then another first instance judge has again expressed obiter remarks on the topic in the case of Thorley v Sandwell and West Birmingham NHS Trust [2021] EWHC 2604 QB.
Like Davies, the judge…
Insanity should not be equated with illegality: Traylor v Kent and Medway NHS Social Care Partnership Trust [2022] EWHC 260 (QB)
By Emma Nourry
Summary: The High Court has today handed down judgment in Marc Traylor and Kitanna Traylor v Kent and Medway NHS Social Care Partnership Trust, a clinical negligence case full of interesting legal issues including the application of the illegality doctrine, voluntary assumption of risk, contributory negligence and Human Rights Act claims. Although the claims ultimately…