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15 October 2021
Issue: 7952 / Categories: Case law , In Court , Law digest
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Law digests: 15 October 2021

Clinical negligence

Thorley (by his litigation friend) v Sandwell and West Birmingham NHS Trust [2021] EWHC 2604 (QB), [2021] All ER (D) 09 (Oct)

The Queen’s Bench Division dismissed a clinical negligence claim brought by a claimant who had been diagnosed with atrial fibrillation, and who had suffered an ischaemic stroke which had resulted in permanent and severe physical and cognitive disability. The court held, among other things, that, in advising the claimant to stop warfarin for a period of four days before a coronary angiogram, the defendant Trust had not breached its duty of care to him. Further, in circumstances where the Trust denied breach of duty, save to admit that warfarin should have been restarted by no later than the day after the angiogram, the court held that, on the facts, the Trust had not been in breach of duty beyond the extent which it had admitted.


Duty of care

Lennon and another v Englefield and others [2021] EWHC 1473 (QB), [2021] All ER (D) 108 (Jun)

The Queen’s

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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