Home > Barristers > Laura Johnson > Laura Johnson Case List


Laura Johnson Case List




<< View barrister profile

Anthony Daniel Mulholland v Medway NHS Foundation Trust (2015)


Summary:

[2015] EWHC 268 (QB)

QBD (Green J) 12/02/2015

NEGLIGENCE - PERSONAL   INJURY - HEALTH

ACCIDENT AND EMERGENCY   DEPARTMENTS : BREACH OF DUTY OF CARE : CAUSATION : CLINICAL NEGLIGENCE :   DELAY : DIAGNOSIS : DOCTORS : STANDARD OF CARE : TRIAGE NURSES

Where there had been a three-month delay in diagnosing and treating a patient's brain tumour, a doctor in a hospital's accident and emergency department had not been negligent in relying on the professional opinion of others involved in the overall process of assessing the patient, since her decision-making had to be seen as one part of the chain of decision-making which routinely operated   within the department. The standard of care owed by an accident and emergency doctor had to reflect the reality of what could reasonably be expected in a pressurised environment, without ready access to leading experts or time to conduct research.


Bristol Alliance Limited Partnership v Williams

[2012] EWCA Civ 1267
[2011] EWHC 1657 9QB); [2011] 2 All E.R. (Comm) 1113

 


Summary:

Damage to property; Exclusion of liability; Motor insurance; Motor Insurers' Bureau; Property insurance; Road traffic accidents; European Motor Insurance Directives; Subrogation

Whether a property insurer was entitled to recover from a motor insurer under s. 151 of the Road Traffic Act 1988 for damage caused by the insured driver when driving contrary to the terms of the policy.


R (Burke) v Independent Police Complaints Commission (Defendant) & Commissioner of Police for the Metropolis (Interested Party)

[2011] EWHC 423 (Admin)

QBD (Admin) (Wyn Williams J) 8/3/2011


Summary:

COMPLAINTS : INDEPENDENT POLICE COMPLAINTS COMMISSION : POLICE : POLICE INQUIRIES : TIME LIMITS : APPEAL TO INDEPENDENT POLICE COMPLAINTS COMMISSION OUT OF TIME : LAWFULNESS OF REFUSAL TO EXTEND TIME FOR LODGING APPEAL : reg.10(1) POLICE (COMPLAINTS AND MISCONDUCT) REGULATIONS 2004 : reg.10(8) POLICE (COMPLAINTS AND MISCONDUCT) REGULATIONS 2004

The Independent Police Complaints Commission was entitled to refuse to extend time for appealing against a determination by a police commissioner that a complaint against police officers was unfounded where although the complainant might never have received the decision letter he had been dilatory in allowing 16 months to expire after the letter had been sent before making inquiries as to whether the police inquiry had concluded.

Application refused


Onwuama v London Borough of Ealing

[2008] EWHC 1704 (QB)


Summary:

The application of the principle of res judicata was in the public interest; there must be a finality to litigation.  The application of that principle to cases involving s. 11 of the Landlord and Tenant Act 1985 was not incompatible with the ongoing nature of the duty.  There was no other reason why issue estoppel should not apply.  The claimant was estopped from reopening a factual issue that had already been determined against her.


Pennington v Surrey County Council

[2006] EWCA Civ 1493; [2007] PIQR P11 (CA)

Summary:

A system of work which permitted a fire fighter to use a particular type of rescue equipment in a stressful situation when he had not been previously trained or experienced in its use, was not a safe system of work. Accordingly the employer was negligent in failing to provide adequate training and was in breach of its statutory duty under the Provision and Use of Work Equipment Regulations 1998 reg.11.


JD & Ors v East Berkshire Community Health NHS Trust & Ors

LTL 21/4/2005; [2005] 2 AC 373; [2005] 2 WLR 993; [2005] 2 All ER 443; [2005] 2 FLR 284; [2005] Lloyd’s Rep Med 263; [2005] 83 BMLR 66; [2005] UKHL 23; Times, April 22, 2005; Independent, April 27, 2005

Summary:

Health professionals responsible for investigating suspected child abuse did not owe a parent suspected of having committed the abuse a duty sounding in damages if they carried out that investigation in good faith but carelessly.


Cannon v Cannon

[2005] EWHC 1310

Summary:

Perosnal Injury; assessment of damages in a 1.2m acquired brain injury case.


Jonathan Boyle v Commissioner of Police of the Metropolis [2013]


Summary:

CA (Civ Div) (Longmore LJ, Black LJ) 05/11/2013

CIVIL EVIDENCE - ROAD TRAFFIC - NEGLIGENCE - PERSONAL INJURY

BREACH OF DUTY OF CARE : EXPERT EVIDENCE : ROAD TRAFFIC ACCIDENTS : CAUSATION : EXPERT EVIDENCE IN PERSONAL INJURY CLAIM ARISING FROM ROAD TRAFFIC ACCIDENT : JUDGE EXCLUDING MEDICAL EVIDENCE SERVED IMMEDIATELY BEFORE TRIAL : INABILITY TO PROVE CAUSATION IN ABSENCE OF RELEVANT EVIDENCE : CIVIL PROCEDURE RULES 1998 Pt 35, r.3.9, r.33.9

A judge had not misunderstood the expert evidence when dismissing a personal injury claim arising out of a road traffic accident and had been entitled to refuse to admit expert medical evidence produced the day before the trial was due to start on grounds that it was far too late and the evidence in any event was not useful.