header-logo header-logo

02 July 2020
Issue: 7893 / Categories: Case law , Law digest , In Court
printer mail-detail

Law digests: 3 July 2020

Army

Jones v Ministry of Defence [2020] EWHC 1603 (QB), [2020] All ER (D) 123 (Jun)

In a clinical negligence claim against the Ministry of Defence, the claimant had not established that his fatigue (which was the effective cause of his discharge from the Army) had been caused by the delay in diagnosis of a certain medical status, rather than the consequences that would have flowed from that status in any event, nor had he established that the persistent fatigue could be explained by a psychiatric or psychological reaction to the consequences of the delay in diagnosis. However, the Queen’s Bench Division, having previously refused to grant an anonymity order, and following a remote hearing, held that the claimant was entitled to an award of general damages to compensate for the pain, suffering and loss of amenity endured, not simply during the ten months in which he had been wrongly left undiagnosed, but the months following, in which his weakened immune system had led to two incidences of hospitalisation. The court held that the appropriate level of general damages was £20,000,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll