Update on this... the SDT opted to fine rather than suspend Cadman, who had been convicted of three counts of sexual assault.
The SDT heard his victims still suffer nightmares and are scared to be in their houses alone.
...he must have been utilising an inappropriate technique and/or excessive force it was clear that there had been a breach.
*Seems an odd decision for D to run this to trial w/o evidence from the surgeon, especially when expert evidence was problematic (on both sides-para.43)*
OXR v Mid&South Essex Hospital NHS FT [2023] EWHC 2006
D liable for hearing loss suffered by child as a result of breach by ENT Surgeon while attempting removal of a foreign body from the child's ear. D called no evidence from the surgeon & didn't explain his absence from trial
Having found that the most likely mechanism of injury was direct contact between a surgical instrument and the anatomy of the inner ear and in the absence of any evidence from the surgeon capable of providing a factual basis for concluding that it had occurred without negligence
Wide-reaching #rankings for Exchange in Chambers 2024 UK Bar directory.
Exchange Chambers has been ranked as a leading Set in a wide range of categories in the 2024 Chambers UK Bar directory:
https://t.co/j3yhOK1dbJ
@barstandards Director of Legal and Enforcement Sara Jagger: “The tribunal’s decision to disbar Mr Kearney demonstrates that sexual harassment is manifestly incompatible with the high standards expected of the Bar - this type of conduct has no place in a modern, inclusive Bar.”
Whilst this could never be news to be 'celebrated' the decision of the independent disciplinary tribunal to disbar this barrister it is noteworthy & welcome. Repeated instances of sexual harassment (older male barrister on younger female pupils & student)
https://t.co/bljaqpTpOD
💼 Staff #Vacancy: We are delighted to announce a new opportunity for a Junior Commercial Clerk to join our Manchester team. For more information about the role and how to apply, please visit our website: https://t.co/XqqFAoVAAP
we should aim for the day when we have lost count. 100 years on and we are going to have our first woman as LCJ and we currently only have one woman in an all white Supreme Court. Let’s lose count over the next 100 years (hopefully in 50).
David Knifton KC has secured an award worth approximately £4m on behalf of a 19-year-old man who underwent a below-knee #amputation following a devastating accident at a farm.
https://t.co/n2TZjQxAE5
Judge had imposed to high a burden and would effectively have placed the club under a duty to have had in place a system of continuous surveillance and monitoring, so that no spilt drink could ever be present on the floor at all.
Apres Lounge v Wade [2023] EWHC 190
Evidence was nightclub's system was continuous monitoring for spilt drinks by staff continually walking, so every area was checked every 10-15 mins. That was NOT the same as trial judge's finding that system of inspection was just every 10-15m
...and for court to judge the materiality of the risk inherent in any proposed treatment, applying the test of whether a reasonable person in the patient's position would be likely to attach significance to the risk.
Bilal v St George's Hospital [2023] EWCA 605
For Montgomery consent, "reasonable" in respect of assessing alternative/variant treatments encapsulated the approach in Bolam. Material risks are judged from patient's perspective; for doctor to assess reasonable alternatives...
This month’s @CounselMagazine is now free to view and features a piece I wrote on (upward) trends in bullying at the bar and how we might make a change…
📏 More top-down regulation?
🔨 DIY initiatives?
🧑🏫 Compulsory ‘inappropriate behaviours’ training?
https://t.co/wiCDlQA6do
Our June issue is now free to view featuring @josidhukc as our cover story, @mi_harwood on the cab rank debate, Austen Morgan on unseating Lord Chancellors, @gutteridgechris who asks if compulsory training could buck the Bar’s bullying trend & lots more ➡️
https://t.co/KJFH6JZLmc