8 August Case Updates Shally v Imperial College Healthcare NHS Trust [2023] EWHC 1304 (KB) Negligence, Clinical negligence, Neurosurgery, Costotransversectomy, 10. Report Writing “A negligent failure to perform a costotransversectomy?” The detail of this judgment will be of interest to neurosurgeons and spinal surgeons. However, particularly as the judgment quotes C v North Cumbria University Hospitals Trust [2014] Med. L.R. 189 which gives meaning to the adjectives ‘responsible’, ‘competent’ and ‘respectable’ in Bolitho, this is a useful judgment to have to hand when preparing a report in a case of alleged clinical negligence.
8 August Case Updates Henderson & Jones Ltd v Ross [2023] EWHC 1276 (Ch) Oral testimony, Expert's meeting, Joint statement, 10. Report Writing, 12. Experts Discussions and Joint Statements, 14. Giving Oral Evidence “What is the purpose of the joint statement?”
8 August Case Updates Cusworth, R (On the Application Of) v Secretary of State for Justice [2023] EWHC 1281 (Admin) Psychology, Psychiatry, Autism, Risk assessment, HCR-20, Relapse Prevention Plan, Self-Harm, Respect, 10. Report Writing This judgment illustrates how expert reports which are properly prepared can assist a decision-maker without the need for oral evidence. It also shows how thoroughly the court will analyse expert evidence as to risk.
8 August Case Updates S v F [2023] EWHC 597 (Fam) Psychology, Psychiatry, Risk assessment, 10. Report Writing, 09. Records Assessments and Site Visits “A risky risk assessment”
7 August Case Updates J & J Franks Ltd v Shotter [2023] EWHC 1080 (KB) Negligence, Procedural rules, Literature, Veterinary medicine, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 14. Giving Oral Evidence “Four inexperienced experts on their learning curve”
7 August Case Updates ABC v Derbyshire County Council [2023] EWHC 986 (KB) Guidance for the Instruction of Experts in Civil C, CPR Part 35, Instructions, 10. Report Writing, 06. Receiving Instructions “Referring to the Protocol gives the game away”
7 August Case Updates R v Beggs [2023] NICA 24 Personal injury, Psychology, Learning disability, Psychiatry, reliability, Sexual assault medicine, ABE interview, Down syndrome, Genital injury, Menopause, Penetration, 05. Rules and Regulations, 10. Report Writing, 09. Records Assessments and Site Visits “Beware opining on the reliability of a complainant”
7 August Case Updates Crumlish v Health Service Executive [2023] IEHC 202 Literature, Oncology, Tumour growth rates, Doubling Time, 10. Report Writing “Confirmation bias and confidence limits”
7 August Case Updates CD v BB [2023] IEHC 204 Psychiatry, Reasoning, Ireland, litigation capacity, Addenbrooke’s Cognitive Examination, Montreal Cognitive Assessment, Frontal Assessment Battery, 05. Rules and Regulations, 10. Report Writing “Unnecessary detail”
7 August Case Updates Z (A Child: No.2: Welfare Decision) [2023] EWFC 61 Psychology, Psychiatry, Social work, Therapy-availability and cost, 10. Report Writing, 09. Records Assessments and Site Visits “What if the parent cannot afford to pay for the recommended therapy?”