Personal Injury

Important Cases

1. 2000
Stark v Post Office (2000) PIQR 105CA

Provision and Use of Work Equipment Regulations 1992 impose strict duty to ensure work equipment is suitable for purpose for which used and maintained in efficient state and good repair.

2. 1998
Pickford v ICI plc (1998) 3AII ER 462 HL

Employer’s liability – duty to take care. Employee developed symptoms of R.S.I allegedly caused by excessive typing. Judge failed to find condition organic in origin. Judge found employers not under duty to instruct employee to take rest breaks. Whether Court of Appeal entitled to reverse judge on burden of proof and findings of fact.

3. 1992
Johnson c Coventry Churchill International Ltd (1992) 3AllER 14.

Conflict of laws – tort – actionability in England of wrong committed in West Germany. Whether English company employer at material time was in breach of duty to provide safe systems of work. Whether English law should be applied to issues between parties because of significant relationship with England.

4. 1989
Robertson v Ridley (1989) I. WLR 872 CA

Whether members of the committee of a private members’ club owe duty of care to members of the club.

Professional Association Memberships
Personal Injury Bar Association

 

Clinical Negligence

Important Cases and Inquiries

1. 2007-2010
Chairman – Redfern Inquiry into human tissue analysis in UK nuclear facilities.

Report – 16 November 2010 (HC571-1 and available at www.official-documents.gov.uk)

2. 2008 (December)
Lewis v Secretary of State for Health and Another (2008) LS Law Med. 559

Confidential patient information. Case concerned the issue of whether a doctor’s duty of confidentiality survives a patient’s death and the Court’s jurisdiction to authorise disclosure of confidential patient information in the public interest.

3. 2008
Aintree Hospitals NHS Trust v Angelique Sutcliffe (2008) LS Law Medical 230 CA

Spinal anaesthetic contaminated with cleaning agent (chlorhexidine) leading to spinal arachnoiditis with severe neurological and physical consequences.

4. 2004
Chelsea Kennedy v Liverpool Womens Hospitals NHS Trust (2004)

Cerebral palsy trial where Defendant’s expert gynaecological evidence failed to satisfy requirements of Bolam or Bolitho defences.

5. 2000 – 2001
Chairman – Royal Liverpool Children’s Inquiry (Alder Hey)

Report – 30 January 2001 (HC12-11)

6. 1999
Brown v Lewisham and North Southwark Health Authority (1999) Lloyds Reports Medical 110 CA

Medical negligence, including causation, forseeability, remoteness. Whether causation of injury should be analysed by reference to a breach of the duty owed.

7. 1998
Wiszniewski v Central Manchester Health Authority (1998) Lloyds Law Reports Medical 223 CA

Whether Doctor was negligent in failing to attend and examine patient, consider CTG trace before deciding what to do, or relying upon a midwife. Doctor’s failure to attend trial – whether this leads to an inference that if he had attended and examined the patient he would have ruptured membranes and proceeded to caesarean section and would have avoided cerebral palsy.

8. 1996
Stephens v Doncaster Health Authority (1996) Med. LR 357

Cerebral Palsy – Plaintiff suffering from quadriplegia and athetosis and in need of adult care for all his needs throughout life – issues as to appropriate multiplier damages and future care needs.

Professional Association Memberships

Northern Circuit Medico-Legal Association