9 Gough Chambers
4 Experts
9 Contributions by 9 Gough Chambers Experts
PRACTICE NOTES
The right to obtain disclosure
Disclosure refers to the stage in which each party makes available documents within their control that are relevant to the matters in dispute. Its central aim is to advance the overriding objective by putting litigants on an equal footing. The notion of ‘documents’ is not confined to paper files; it covers any means of recording information, including electronic databases, microfilm used for archiving, and video or audio tapes and discs. In clinical negligence claims, the claimant’s medical records are usually the most significant documents. They represent the most contemporaneous account of the care provided and will, in almost every case, underpin the expert evidence that shapes the result of the litigation. Prompt, impartial examination of the medical records can avoid unnecessary delay and cost, and is essential from the outset to evaluate the merits, identify strengths, and pinpoint any
PI & Clinical Negligence
PRACTICE NOTES
Assimilated Regulation (EU) No 1169/2011 on the provision of food information to consumers (the Assimilated FIC) sets out the overarching principles, requirements and responsibilities for food information, and in particular food labelling, in the UK. The Food Information Regulations 2014 (FIR 2014), SI 2014/1855, provide the national enforcement framework for England. For details of the obligations placed on food business operators under these rules, see Practice Note: Food information and food labelling law.
Offences under the Food Information Regulations
Under FIR 2014, SI 2014/1855, reg 10, a failure to comply with specified provisions of the Assimilated FIC and FIR 2014 amounts to an offence. No mens rea is set out for this offence, making it one of strict liability. The reg 10 offence sits alongside the powers of food authorities to enforce FIR 2014, SI
Corporate Crime
PRACTICE NOTES
A child means any person under 18. Practitioners must heed crucial procedural points in matters involving children, with CPR 21 setting out the core provisions. Where a child features in a claim, they are most often the claimant pursuing the case, though proceedings can, on occasion, be issued against children...
Litigation friends
Requirement for a litigation friend
In civil proceedings, a child must conduct the case through a litigation friend, unless the court directs otherwise. Before a litigation friend is appointed, and without needing the court’s permission, the only steps permitted are:
issuing and serving a claim form
applying for the appointment of a litigation friend
Unless the court orders otherwise, a person may not, without permission, make an application against a child before proceedings have begun, or take any step in the proceedings—other than issuing and serving a claim form or applying for the
PI & Clinical Negligence
PRACTICE NOTES
The duty of care
Healthcare practitioners owe their patients a duty of care. That obligation, arising in the course of their care, requires the exercise of reasonable care to:
obtain a full and adequate medical history
thoroughly explore the patient’s symptoms and concerns
formulate appropriate and reasonable differential diagnoses
arrange referrals to relevant specialists where required
take action to pursue all reasonable measures to safeguard the patient’s health
deliver a reasonable and proportionate course of treatment
follow up with the patient afterwards where that is reasonably necessary
For guidance on identifying the proper defendant in a clinical negligence claim, see Practice Note: Identifying the correct defendant in clinical negligence claims. The duty is not confined to medical practitioners alone; it may extend further.
Non-clinical staff
Employees within a healthcare organisation or facility may owe a direct duty to
PI & Clinical Negligence
PRACTICE NOTES
Within this Practice Note is a catalogue of commonly used medical short forms and symbols present in clinical notes...
PI & Clinical Negligence
PRACTICE NOTES
This Practice Note addresses the NHS complaints process, the governing legislation, local resolution and Ombudsman-led independent review, matters relating to private patients, and the Care Quality Commission.
The NHS complaints procedure
Often, what patients want most is a clear explanation of any failings, a sincere apology, and a commitment that similar errors will not recur, which can outweigh a desire for compensation.
Grievances may involve misdiagnosis, poor communication by clinicians, delays, inaccurate or misleading advice, and numerous other examples of substandard care or absence of treatment.
The NHS complaints route should be the initial step. Without good reason, failure to use it first may result in Legal Aid or Before the Event (BTE) funding being refused.
The scheme applies to concerns about services delivered by, or paid for by, NHS organisations or primary care practitioners—namely hospitals, GPs, dentists, opticians and
PI & Clinical Negligence
PRECEDENTS
IN THE COUNTY COURT AT [ INSERT ]
CLAIM NO
Between [ XX ] Claimant and [ YY ] Defendant
PARTICULARS OF CLAIM
At all relevant times the Claimant was employed by the Defendant as a Catering Assistant at the Defendant’s store at [ insert details ] (“The Store”), premises which the Defendant occupied for the purposes of the Occupiers’ Liability Act 1957 (“OLA 1957”).
On or around [ insert date ] the Claimant was at The Store in the course of [ her OR his ] employment. At approximately [ insert time ] the Claimant was walking through the kitchen area in the course of [ her OR his ] duties when [ she OR he ] slipped on grease that was on the floor, causing [ her OR his ] to fall to the floor...
PI & Clinical Negligence
PRECEDENTS
To Defendant
Dear [ insert organisation name ]
Letter of Claim [ insert claimant’s name ] v [ insert defendant’s name ]
We are instructed to act for [ insert claimant’s name ] concerning treatment delivered/care provided at [ insert name of GP practice ] by [ insert name(s) of GP(s) if known ] on or about [ insert date(s) ]. Please inform us if you do not consider yourself the correct defendant or if you are aware of any other potential defendants. This correspondence is issued in accordance with the Pre-Action Protocol for the Resolution of Clinical Disputes.
Please acknowledge receipt of this letter in writing within 14 days and confirm who will be dealing with this matter.
Within four months of receipt, provide a Letter of Response stating whether the claim is admitted or denied and include copies of any
PI & Clinical Negligence
PRECEDENTS
[ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE [ [ SPECIFY DIVISION ] ] [ [ SPECIFY SPECIALIST COURT ] ] [ [ INSERT LOCATION DISTRICT REGISTRY ] ] ]
CLAIM NO: [ Insert claim number ]
Between [ Insert name and details of the Claimant ] Claimant and [ Insert name and details of the Defendant ] Defendant
PARTICULARS OF CLAIM
At all relevant times the Claimant was engaged by the Defendant as a Healthcare Assistant.
On or around [ insert date ] the Claimant was on duty on the [ insert details ] Ward at the Defendant’s hospital, which provided care to service users with mental health issues.
The Claimant began [ his OR her ] shift at [ insert time ] and was assigned to a specific service user ([ insert name ]),
PI & Clinical Negligence
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