High Court contempt proceedings have always held a unique and somewhat uncomfortable position in the judicial system. Whilst civil in nature and governed by Part 81 of the Civil Procedure Rules, they are nonetheless quasi-criminal in substance. This is illustrated by the availability of custodial sentences if the contempt is found proved and by other […]
Facts The facts of this unusual and unhappy case concerned the drowning of Ms Leeson in an indoor swimming pool in remote holiday accommodation in Denmark where she had been holidaying with her husband, Donald McPherson. The medical evidence showed that Ms Leeson had drowned but also identified blunt force injuries on her body. These […]
If you think the name Kuzmin is familiar you would be right. Dr Kuzmin has been involved in GMC proceedings since 2018, represented throughout by the doughty Mary O’Rourke KC. Apart from lengthy MPTS proceedings, the case has involved a High Court challenge leading to the conclusion that a Tribunal can draw an adverse inference from the […]
Many healthcare providers will be all too aware of how difficult it can be to obtain an interim injunction against the CQC. Hexpress Healthcare will present few surprises in this regard. However, two points of interest emerge. The court reconsiders the CQC’s procedure for considering factual accuracy comments (“FAC”) from a provider prior to publication. […]
If it looks like a duck, and it quacks like a duck, then the coroner has demonstrated apparent bias. As the court touched on in Morahan, Article 2 and legal aid have a somewhat uncomfortable relationship. The need to secure funding encourages protracted and disproportionate struggles to demonstrate Article 2 is engaged. More unusually, in […]
16th Apr 2024 Read more
5th Apr 2024 Read more
