Clinical Negligence & Personal Injury Newsletter: August 2022

• Published date: 04 August 2022
• Subject Matter: Litigation, Mediation & Arbitration, Personal Injury, Professional Negligence
• Law Firm: Gatehouse Chambers
• Author: Gatehouse Chambers

Introduction

Welcome to the August edition of Gatehouse Chambers' Clinical Negligence and Personal Injury Newsletter.

We are delighted to have been able to add to the junior members of the team by accepting Charlotte Wilk as a tenant following her third six pupillage.

Before she came to the Bar, Charlotte travelled solo to seventeen countries, photographing unusual libraries of the world (we are still waiting for the book). Charlotte directed a series of documentaries in the healthcare sector and delivered lectures to, among others, the Royal Academy of Arts.

Charlotte has a particular interest in clinical negligence, personal injury and costs. She is already building an impressive practice, as well as currently enjoying a part-time secondment with Harrow Council's Civil Litigation Team. She joins Aneurin Moloney, Helena Drage and Emma Woods in our talented under 10 years' call section of the team.

This newsletter brings you articles from Aneurin, Emma and Charlotte, together with an update on what some members of the team have been working on in recent weeks and some news about upcoming events in our seminar programme.

Please get in touch with any suggestions for topics you would like us to cover in future articles, seminars or our online brew sessions. In the meantime, whether you are flying off to glamorous locations or enjoying the summer here at home, we hope you get time for a well-earned break.

Vanessa McKinlay - Editor

The Nip and Tuck of Negligent Surgery Overseas - A High Court Judgment

Recent years have seen an increase in patients travelling abroad for elective medical treatment. There are often different reasons for this, such as lengthy NHS waiting times, and the lower prices often charged by foreign private clinics. This trend has brought about an increase in clinical negligence claims arising out of medical treatment overseas.

One such case is Clarke v Kalecinski and Others [2022] EWHC 488 (QB), heard at the High Court in March 2022.

Click here to read Aneurin Moloney's summary of the case.

Woodger v Hallas [2022] EWHC 1561 (QB)- A Fundamental Dishonesty Appeal looking at 'Substantial Injustice'

In Woodger v Hallas [2022] EWHC 1561 (QB), Mr Justice Knowles heard the Defendant's appeal regarding the issue of 'substantial injustice'. Section 57(2) of the Criminal Justice and Courts Act 2015 provides that "the court must dismiss the primary claim, unless it is satisfied that the claimant would suffer substantial injustice if the claim were...