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Does the Bolam test apply in cases of alleged misdiagnosis?

Muller v King’s College Hospital NHS Foundation Trust [2017] EWHC 128 (QB) Background When a patient brings a medical negligence claim against a healthcare professional, it must be determined whether the healthcare professional’s conduct has fallen below the standard required by their duty of care. The test for this was [...]

By |2020-03-23T14:45:10+00:00March 23rd, 2020|Student Case Blogs|

Can the police be responsible for accidental injuries to bystanders?

The case of Robinson v Chief Constable of West Yorkshire [2018] dramatically altered the way in which the public can hold the police accountable. Before this ruling the circumstances whereby the police would owe a duty of care to members of the public, and therefore be liable for damages in the [...]

By |2020-02-28T09:24:43+00:00February 28th, 2020|Student Case Blogs|

Are there exceptions to the duty of confidentiality of employment contracts other than crime and fraud?

In Initial Services Ltd v Putterill [1968] 1 Q.B. 396, the court expanded the situations in which an employee may breach confidentiality in relation to their employer. Whereas previously this was only permitted where the employee uncovered evidence of crime or fraud, the court now permits breaches of confidentiality where [...]

By |2020-01-09T10:41:22+00:00January 9th, 2020|Student Case Blogs|

If a car driver overtakes a motorcycle and crashes into him, is he liable for damages?

The facts of the case: Brown v Paterson [2010] EWCA Civ 184 The case involved a road traffic collision between a motorcyclist, Mr Brown, and a car driver, Dr Paterson. The incident occurred on 9 December 2004 at 9:50 pm on the A420 at a junction. In the original trial, [...]

By |2019-12-10T15:40:08+00:00December 10th, 2019|Student Case Blogs|

Is a dismissal unfair if the employer acted reasonably in coming to its decision?

Case: Chubb Fire Security Limited v Harper (1983) WL 216016 Facts Mr Harper was employed by Minimax as a sales representative in 1969. In 1973, Minimax amalgamated with two other companies to form, Chubb Fire Security Ltd. Under his initial contract of employment, Mr Harper worked on a commission-only basis, [...]

By |2019-10-02T14:11:29+01:00October 2nd, 2019|Student Case Blogs|

Minor Accidents at Work: Can you Claim for Tripping over a Stool?

Student lawyer Joanna Garvey-Smith assesses if the misplacement of a stool could breach workplace health and safety regulations in the case of Robinson v Midland Bank Plc [2000] 10 WLUK 748 and asks “If an employee is hurt in a seemingly trivial workplace accident such as tripping over a stool, are [...]

By |2019-09-13T10:09:24+01:00September 13th, 2019|Student Case Blogs|

Can a GP surgery be liable for the full extent of injuries following a late referral?

Case: Wright v Cambridge Medical Group (A Partnership) [2013] QB 312 Facts In 1998, the claimant, an 11-month-old child, contracted chickenpox. On 9th April, she was admitted to hospital with a high temperature, and developed a bacterial super-infection within a couple of days. However, this infection was not diagnosed by [...]

By |2019-08-30T10:47:35+01:00August 30th, 2019|Student Case Blogs|

Fatal Accidents and Psychiatric Injury: Is there Compensation for Survivors’ Guilt? 

Student lawyer Joanna Garvey-Smith assesses how the law categorises victims in the case of Hunter v British Coal Corp [1999] Q.B. 140; [1998] 2 WLUK 195 (CA (Civ Div)) and asks “If an employee is killed in a workplace accident, can a colleague seek compensation for psychiatric injury?” Background Hunter [...]

By |2019-08-30T10:23:04+01:00August 30th, 2019|Student Case Blogs|

Can a driver be found negligent if they hit a drunken pedestrian?

Stewart v Glaze [2009] EWHC 704 (QB) The facts of the case The claimant in the case, Mr Stewart, was struck by a car in the early hours of Saturday 25th September 2004, driven by the defendant in this case, Mr Glaze. The result of the road traffic accident was [...]

By |2019-08-30T10:16:03+01:00August 15th, 2019|Student Case Blogs|

Are doctors/midwifes in breach of duty if decision making causes injury and/or loss?

In this blog the case: JC v Birmingham Women’s NHS Foundation [2016] EWHC 1334 (QB) is explored. Facts: The claimant, M, brought a medical negligence claim due to the injuries sustained by her son, J, during childbirth. J’s injuries resulted in cerebral palsy and M had to have an emergency [...]

By |2019-08-30T10:15:26+01:00August 8th, 2019|Student Case Blogs|