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Law digests: 15 October 2021

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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