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A roundup of recent court decisions in relation to consent for prescription decisions; the standard of proof applicable in inquest proceedings; expert evidence; the quantification of accommodation claims; and the requirement for expert evidence in professional negligence cases.
Kennedys is celebrating 20 years in Hong Kong, and is also moving to new offices.
Case review 25/11/2020
Paula Grove (Executor of the Estate of Margaret Cook, Deceased) v Secretary of State for Health & Social Care [06.11.20] - The case relates to the deceased’s mitral valve and whether treatment received in relation to its functioning was timely and adequate.
A summary of key developments, including the reintroduction of ‘shielding’ in England; updated guidance from the General Medical Council on decision making and consent; the discount rate in Northern Ireland and the Republic of Ireland; bereavement damages for cohabitees; publication by the Office of National Statistics of the 2020 first ASHE release data; and new guidance from the Information Commissioner’s Office on subject access requests.
Case review 24/11/2020
Diriye v Bojaj [04.11.2020] - The outcome of this Court of Appeal case clearly highlights the need for claimants to properly set out and prove an assertion of impecuniosity where credit hire charges are pleaded.
While England may be under a second lockdown, claims continue to emerge and develop, with some issues arising that employers and insurers should be aware of.
The duty of candour arose out of the inquiry into the breakdown of care at Mid Staffordshire NHS Foundation Trust, led by Robert Francis QC (the Francis Report, published in February 2013). It is a legal duty for a care organisation to be open and honest with patients and/or their families when something goes wrong that appears to have caused or could lead to significant harm in the future.
A roundup of recent court decisions raising issues relating to a new test for what may constitute ‘de minimis’ exposure in mesothelioma claims, the application of limitation where a claimant applies to restore a dissolved defendant company for disease claims, and new changes to bereavement damages following the case of Smith v Lancashire Teaching Hospitals 
We are pleased to announce that we have been recognised as one of the Best Law Firms in England and Wales for professional negligence in The Times' Best Law Firms 2021.
The pandemic has had a considerable impact on the treatment of non-COVID-19 conditions and for which, it is estimated, there will be a massive excess death count.