Blogs

On 3 March 2023, Johnson J gave judgment in Barry v Ministry of Defence [2023] EWHC 459 (KB). A former Royal Marine was medically discharged at the age of 29 years with noise-induced hearing loss (“NIHL”) and tinnitus sustained after training exercises. Primary liability was admitted. The Ministry of Defence contended for contributory negligence (in failing to…

This blog reviews the High Court decision in Barry v Ministry of Defence [2023] EWHC 459 (KB) and the ongoing uncertainty surrounding the application of the Moore et al. Guidelines for Diagnosis and Quantification of Military Noise-Induced Hearing Loss. Those who practise in the field of noise induced hearing loss (“NIHL”) are waiting with bated breath for some authoritative…

Litkraft Ltd v (1) Cottrell (2) Williams (3) Goldsmith [2023] EWHC 465 (Comm) has touched upon, but not decided, whether certain fee sharing arrangements could amount to a probited referral fee under section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”). The court did however decide that a contractual claim for unpaid…

An interesting case came out of the Bear Garden at the end of February, which may be of interest to clinical negligence practitioners. The judgment in Read v Dorset County Hospital NHS Foundation Trust [2023] EWHC 367 (KB) can be read here. Ms Rianna Read developed cauda equina syndrome following a sudden disc prolapse, which led to a critical stenosis of the spinal canal. On her case, avoidable delays in her…

Those practising in the field of noise induced hearing loss (“NIHL”) will be familiar with the Coles, Lutman and Buffin Guidelines 2000 (the “CLB Guidelines”) and the later Lutman, Coles and Buffin Guidelines 2015 (the “LCB Guidelines”) published to assist medical and legal practitioners in the diagnosis and quantification of hearing loss, respectively. In February…

This blog reviews the “Galbraith Plus” direction in light of the recent decision in R (Police Officer B50) v HM Coroner for East Yorkshire and Kingston Upon Hull [2023] EWHC 81 (Admin) (judgment here). In the case of B50, the Divisional Court considered whether it was safe to leave the conclusion of unlawful killing to an inquest jury. In still deciding the…

In a case believed to be the first of its kind, a South Wales coroner has ruled that a death from COVID-19 constitutes death from an industrial disease. The inquest, listed before the Senior Coroner for South Wales Central, and enquiring into the deaths of two nurses, Gareth Roberts and Domingo David, each of whom died…

In complex clinical negligence cases involving substantial damages and an uncertain prognosis, there is often an urgency on the part of claimants to access funds so as to procure immediate needs such as; treatment, care and suitable accommodation. There are two hurdles to that end goal, however: establishing liability, and the sheer length of time…

Andrew McNamara and Gareth McAloon consider the correct approach to section 33 of the Limitation Act 1980, three years on from the leading case of Carr v Panel Products (Kimpton) Limited [2018] EWCA Civ 190. It is now three and a half years since the noise induced hearing loss case of Carr v Panel Products…

Show me that you can divide the notes of a song; But first, show me that you can discern Between what can be divided And what cannot. An anonymous musical composition inspired by a classical Sanskrit poem.1 Introduction Two questions that often arise in disease litigation are whether a condition is divisible or indivisible and…

In December 2020, HM Assistant Coroner for Inner South London, Philip Barlow, concluded that air pollution contributed to nine-year-old Ella Adoo Kissi-Debrah’s death in 2013. Thomas Herbert’s blog on that decision can be read here. The Assistant Coroner has now issued a Prevention of Future Deaths report dated 20 April 2021, which can be read…

The law requires medical practitioners to use diligence, care, knowledge, skill and caution in administering treatment to a patient. The question of whether a medical practitioner has met the requisite standard of care is often considered by reference to the test laid down in the case of Bolam v Friern Hospital Management Committee [1957] WLR 582.…