Sun11192017

Last updateTue, 24 Feb 2015 5pm

Kings Chambers (Chambers of Nigel Poole QC)

Kings Chambers (Chambers of Nigel Poole QC)

Anna Macey evaluates the balance between patient confidentiality and the prevention of harm

In the sad case of ABC v St George’s Healthcare NHS Trust [2017], the Court of Appeal overturned the High Court’s decision to strike out the claimant’s claim for damages, following the decision of the defendant not to inform her that her father was suspected, and later diagnosed, with Huntington’s disease, even though she was pregnant.

Anna Macey evaluates a claim for compensation by the child of an incestuous rape

CICA and FTT v Y [2017] was a Court of Appeal claim for compensation from the Criminal Injuries Fund for a man born with a serious genetic disorder, following the incestuous rape of his mother. Sir Brian Leveson began by saying:

Anna Macey reports on a Court of Appeal case with important points on privacy for personal injury claimants

In JX MX (by her mother and litigation friend AX MX) v Dartford and Gravesham NHS Trust [2015] the Court of Appeal gave judgment, and set down detailed principles, on when anonymity orders should be used in personal injury approvals hearings for children and protected parties.

Anna Macey considers a recent case which highlights the importance of statutory interpretation

A child (CP) was born with Foetal Alcohol Spectrum Disorder (FASD), as a consequence of her mother’s excessive drinking during pregnancy. The local authority caring for her sought to gain compensation on her behalf from the Criminal Injuries Compensation Authority. The Court of Appeal had to determine if CP was entitled to compensation, which in turn depended on whether her mother had committed a crime of violence, as required by the CICA scheme.

Anna Macey explores the potentially wide ranging effects of the recent Court of Appeal decision in Haxton v Philips Electronics Ltd

In this unusual case the Court of Appeal had to decide whether a claim for diminution in value of a dependency claim under the Fatal Accidents Act was a recoverable head of damage at common law.

Anna Macey considers the lessons to be learnt from West Midlands Travel Ltd v Aviva Insurance UK Ltd

This Court of Appeal case considers the principles upon which general damages should be calculated when a vehicle is being repaired but where an alternative vehicle is available as a replacement at no additional cost.