Cross-border clinical negligence claims

There are few cases dealing with breach of duty in cross-border clinical negligence litigation. However, the rising number of claims arising out of botched cosmetic surgery carried out abroad means that this is an issue of increasing significance. Clarke v Kalecinski & Ors [2022] EWHC 488 (QB) is an interesting and timely decision. Foster J…

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Harry Roberts (A Child) (Claimant) v (1) SSAFA (2) MoD (Defendants/Part 20 Claimants) & Allgemeines Krankenhaus Viersen GMBH (Third Party) [2016] EWHC 2744 (QB): Jurisdiction & the Brussels Recast Regulation

This blog is by Oliver Rudd of 12 King’s Bench Walk The importance of (i) drafting a properly formulated application notice; and (ii) a thorough consideration of all extant contractual documentation and related evidence were starkly highlighted in this case in which the Court held that it did have jurisdiction to entertain Part 20 proceedings…

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