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Montgomery v Lanarkshire Health Board [2015] UKSC 11

WEBFacts. C was a pregnant woman of small stature and a diabetic. On childbirth, her doctor did not inform her of the 9-10% risk of shoulder dystocia among diabetic women, where the …

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URL: https://lawprof.co/tort/negligence-cases/montgomery-v-lanarkshire-health-board-2015-uksc-11/

R (Good Law Project Ltd) v Secretary of State for Health and Social

WEBThe claimants applied for judicial review of Health Secretary’s approach to procurement law and policy when awarding government contracts during the pandemic. The first claimant …

Category: Health Go Health

F v West Berkshire Health Authority [1990] 2 AC 1

WEBA 36 year old woman (F) with a minor’s mental age lived in permanent medical care. F formed a sexual relationship with a male patient. The hospital staff and F’s mother …

Category: Medical Go Health

Case 152/84 Marshall [1986] ECR 723

WEBMarshall was an employee of an Area Health Authority (AHA) in the UK. She was dismissed at the age of 62 having passed the normal retirement age of 60 for female …

Category: Health Go Health

Hotson v East Berkshire HA [1987] AC 750

WEBFacts. C fell when climbing a tree and his hips suffered a fracture. The hospital failed to diagnose his injury and sent him home. The hip fracture resulted in blood vessel …

Category: Health Go Health

Cases C-154/04 & C-155/04 Alliance for Natural Health [2005] ECR …

WEBDirective 2002/46 harmonises national rules governing supplement foods containing concentrated sources of nutrients on the basis of legislative diversity harming the …

Category: Food Go Health

Roe v Minister of Health [1954] 2 QB 66

WEBMorris LJ. ‘Care has to be exercised to ensure that conduct in 1947 is only judged in light of knowledge which then was or ought reasonably to have been possessed’. The issue of …

Category: Health Go Health

Bolitho v Hackney HA [1997] UKHL 46

WEBFacts. Doctor (D) failed to attend to a child with acute respiratory difficulties after repeated episodes, the child suffered respiratory failure leading to brain damage and died later. …

Category: Health Go Health

Case 106/77 Simmenthal [1978] ECR 629

WEBFacts. Italy imposed a public health inspection fee for the meat crossing the frontier under Italian Law. Simmental brought action for repayment of fees he paid before Italian court. …

Category: Health Go Health

Darnley v Croydon Health Services NHS Trust [2018] UKSC 50, …

WEBSarah Fulhan-McQuillan, ‘Foreseeing Difficulties: Duty, Scope, and Causation’ [2019] PN 35 (2) 116-120: ‘Darnley is the first decision to expressly reject Caparo outside of the police …

Category: Health Go Health

Wilsher v Essex AHA [1988] AC 1074

WEBC baby was blinded from relolental fibropasia (RLF) after being exposed to excess oxygen in the incubator. The excess oxygen might have been a cause, but C also had multiple …

Category: Health Go Health

Cassidy v Ministry of Health [1951] 2 KB 343

WEBNon-delegable duty. Where a person is himself under a duty to use care, he cannot get rid of his responsibility by delegating the performance of it to someone else, no matter …

Category: Health Go Health

Gillick v West Norfolk and Wisbech AHA [1986] AC 112, [1986] …

WEBDoctors gave out contraceptives and advice to girls below 16. They were alleged to contravene s28 Sexual Offences Act 1956: “ (1) It is an offence for a person to cause or …

Category: Health Go Health

Chandler v Cape Plc [2012] EWCA Civ 525

WEBMr Chandler was an employee in a factory owned by Cape Building Products Limited (“Cape Products”) which manufactured asbestos board products during which time he …

Category: Health Go Health

Case 178/84 Commission v Germany [1987] ECR 1299

WEBFacts. German rules prohibited the fermented beverages that did not use specific ingredients from using the label ‘bier’ and also absolutely prohibited the use of additives. …

Category: Health Go Health

Fairchild v Glenhaven Funeral Services [2003] 1 AC 32

WEBA combined appeal of 3 cases where C was employed at different times for different periods by multiple employers who negligently exposed C to asbestos. Cs developed …

Category: Health Go Health

Case 120/78 Cassis de Dijon [1979] ECR 649 (Rewe-Zentral v

WEBA measure of German law laid down that the marketing of fruit liqueurs is conditional upon a minimum alcohol content of 25%. Cassis de Dijon is a blackcurrant liqueur from France …

Category: Health Go Health

Case C-210/03 Swedish Match [2004] ECR I-11893

WEBSwedish Match challenged the ban of snus (tobacco for oral use) in the EU and failed before. Now it sought to challenge the prohibition again in light of scientific …

Category: Health Go Health

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