Insight Hub

• 1 August 2018
• | Gary Burton

Evidence must prove existence of duties where a registrant’s ‘failure’ to act is alleged

The court has emphasised that where the actions of a professional are alleged to amount to a “failure”, it is necessary for the regulator to lead sufficient evidence to establish specifically what the actual duties on that professional were.

• 9 July 2018

New client wins help power Anderson Strathern to strong first half financial results

• 29 May 2018
• | Robbie Wilson

Court clarifies the scope of damages in ‘wrongful birth’ actions

A recent English High Court decision has helped clarify the scope of damages which could be recoverable in the case of so-called ‘wrongful birth’ actions.

• 31 January 2018

Turnover and profits up at Anderson Strathern

• 9 October 2017
• | Robbie Wilson

Medical negligence and birth injury cases – causation issues

Medical negligence cases involving injuries at birth can present difficulty for pursuers when attempting to prove the facts.

• 24 July 2017
• | Catriona Watt

Professional disciplinary appeal sets out lessons for registrants and regulators

The potentially serious consequences for registrants of a failure to attend disciplinary proceedings was confirmed in the recent appeal of Sanusi v General Medical Council [2018] EWHC 1388 (Admin).

• 29 May 2017
• | Robbie Wilson

Court rejects attempt to seek amendment of a medical negligence case after the timebar

The Court of Session has ruled that a Minute of Amendment which would have introduced a new case into a medical negligence action when the triennium for the new allegations had already passed is not to be allowed. 

• 1 February 2017

Explaining permanence orders

Permanence orders were introduced by the Adoption and Children (Scotland) Act 2007. A permanence order provides a mechanism by which a Local Authority can apply to the Court to have the parental responsibilities and rights (PRRs) in respect of a child vested in the Local Authority.

• 15 December 2016
• | Gary Burton

Letters from regulators should clearly warn registrants of potential outcomes

The Court of Session has upheld the appeal of a nurse, LM, against a decision of the Nursing and Midwifery Council (NMC) to strike her off from the NMC register in her absence, saying that the powers of the committee had been ‘buried in the text’ of the notice of hearing letter.

• 22 July 2016
• | Janice Jones
• | Danielle Edgar

Buying a house together – what unmarried couples need to know

Although home is where the heart is, for many unmarried couples buying a house together, the conversation about where to buy, what they can afford and the colour to paint the living room wall is difficult enough.

• 13 April 2015
• | Robbie Wilson

Consent – the impact of Montgomery v Lanarkshire Health Board

In March 2015 the Supreme Court issued a landmark decision in the field of medical negligence relevant to the issue of consent. The legal consequence of this case is that the paradigm is said to have shifted to a more patient focussed approach to the question of whether consent has been obtained.