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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll