header-logo header-logo

25 June 2021 / James Yapp
Issue: 7938 / Categories: Features
printer mail-detail

Not remotely fair?

51867
James Yapp weighs up the benefits & challenges of remote trials in clinical negligence cases
  • In Re SC (a child) [2020] EWHC 1445 (QB), the court examined the feasibility and fairness of a trial going ahead remotely, determining that it should not proceed remotely unless an in-person hearing was ‘simply not possible’.
  • An earlier decision of the Court of Appeal provided a useful ‘cut out and keep’ guide to the factors to take into account when considering remote trials.

In Re SC (a child) [2020] EWHC 1445 (QB), [2020] All ER (D) 52 (Jun), Mr Justice Johnson decided that a remote trial in a substantial clinical negligence claim could be fair. However, a remote hearing would be undesirable unless it was not possible to proceed in person. The trial would go ahead in person.

Background

The claim arose from an alleged four- or five-day delay in the diagnosis of meningitis. The claimant, then 15 months old, developed hemiplegic cerebral palsy.

The trial was listed for the week beginning 8 June 2020

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll