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Remote hearings, absent records and witness recollection (Freeman v Pennine Acute Hospitals NHS Trust)

Published on: 14 December 2021
Published by: LexisPSL
  • Remote hearings, absent records and witness recollection (Freeman v Pennine Acute Hospitals NHS Trust)
  • What are the practical implications of this case?
  • What was the background
  • What did the court decide?
  • Case details

Article summary

PI & Clinical Negligence analysis: In this cerebral palsy case, His Honour Judge Tindal, sitting in the High Court, gave enthusiastic support to the use of remote trials in clinical negligence cases. Giving a comprehensive review of the authorities he made clear that Keefe style inferences against a defendant were limited to cases where missing records were the result of a breach of duty. In a tour de force review of recent authority he provided a much needed and comprehensive guide to the growing jurisprudence on the weight to be attached to witnesses’ recollections in the context of imperfect medical records. Written by John de Bono QC, Serjeants’ Inn, who represented the successful claimant. or take a trial to read the full analysis.

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