Kate Wilson was recently instructed on behalf of the family of a patient who died after undergoing surgery for a left peri-prosthetic hip fracture following a fall. The Deceased, aged 54, sadly died in Medway Maritime Hospital three days’ post-surgery after developing a paralytic ileus (a type of intestinal blockage or pseudo-obstruction caused by a malfunction of the nerves and muscles in the intestine and is a common side effect of trauma or surgery).
Andrew Westlake, aged 29, was returning from a family holiday in Turkey when he was taken off a Jet2 Flight from Dalaman Airport back to the United Kingdom prior to take off. For an unknown reason, Andrew went to the second floor of Dalaman Airport and jumped over the barrier. The injuries Andrew sustained resulted in his death on 29 May 2018.
R (on the application of Maughan) (Appellant) v Senior Coroner for Oxfordshire  UKSC 46 The Supreme Court has on 13 November 2020 handed down the judgment in this case concerning the appropriate standard of proof for conclusions at inquests. Facts The inquest concerned the death of Mr James Maughan (“JM”) who died whilst in […]
This is the first in a series of articles considering the Human Rights Act 1998 (‘HRA’) and the Covid-19 pandemic. The first group is designed as a general reminder/ overview of claims under the Human Rights Act 1998, in particular claims arising from alleged breaches of Article 2 European Convention on Human Rights (ECHR).
The Court of Appeal, in their judgment handed down on 10 June 2020, considered the engagement of Article 2 of the European Convention on Human Rights in inquests relating to the deaths of those who lack capacity or who are otherwise vulnerable and reside in state supported accommodation such as care homes and who die in circumstances where there are deficiencies in their medical treatment and care which may have contributed to their death.
In any contract where one party is permitted to exercise a discretion whether or not to exercise an apparently absolute contractual right, the courts can imply a term that such discretion will not be exercised in an arbitrary, capricious, perverse or irrational manner.
The resident DCJ for each court centre on the North-Eastern Circuit has recently issued Guidance for the types of cases which it will continue to hear, the requirements for electronic bundles and directions for hearings proceeding by Skype for Business or BT MeetMe.
Tom Gent, Kate Wilson, Giles Grant and Naomi McLoughlin all appeared to represent interested persons at a recent inquest into the death of a boatman who was working at the site of the Flood Alleviation Scheme on the River Aire in October 2017.
This recent application for Judicial Review, heard by the Administrative Court in Leeds, has attempted to extend the law and the remit of the operational duty under Article 2 of the ECHR to those patients receiving care for mental health conditions in the community.
Kate Wilson discusses the recent decision in the case of Fullick v Commissioner of the Police of Metropolis  EWHC 1941 (QB).
An inquest was held at Crook Coroners Court into the death of Mr Stephen Harper, who received a life sentence in 2003 for multiple counts of rape
Kate Wilson considers the Court of Appeal decision handed down on 12th November 2019 in: Wickes Buildings Supplies Limited v William Garade Blair  EWCA Civ 1934.