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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: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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