TVZ & Ors v Manchester City Football Club [2022] EWHC 7 (QB), on BAILII.
Eight claimants sought compensation for sexual abuse perpetrated by Barry Bennell (“Bennell”) in the early 1980s when they were aged between 10 and 14 and
Bill Madden
This website provides updates on medical law and related issues, mostly in Australia. It is maintained by Bill Madden.
He is a lawyer in private practice in Australia, a Fellow of the Australian Academy of Law and also an Adjunct Fellow at the School of Law and at the School of Medicine, Western Sydney University, an Adjunct Professor at the Australian Centre for Health Law Research, Queensland University of Technology and a Senior Fellow, Melbourne Law Masters, University of Melbourne.
Website:
https://billmaddens.wordpress.com/
NDIS: Provision of dual / single occupancy housing.
By Bill Madden
LWLR v National Disability Insurance Agency [2021] AATA 4822 (on JADE).
More detailed reasons are to be published at a later time in this matter, in which the Tribunal set aside a decision of the NDIA to provide a…
Abuse: Damages for sexual abuse of son by father.
By Bill Madden
ZAB v ZWM [2021] TASSC 64 (on AUSTLII).
In 2016 the defendant pleaded guilty to a charge of maintaining a sexual relationship with a young person under the age of 17 years – the plaintiff – and was sent…
Medical: Duty to follow up referral.
By Bill Madden
Rubino v Ziaree [2021] ACTSC 331 (on AUSTLII).
The plaintiff sued his general practitioner in relation to treatment and management of a hyperkeratosis on his right foot over a three year period. Following a number of consultations the GP…
Abuse: Vicarious liability of Diocese & loss of earning capacity issues.
By Bill Madden
DP v Bird [2021] VSC 850. (Online publication pending.)
In reasons for judgment published on 22 December 2021, the Supreme Court of Victoria addressed a claim by DP who asserted that he was assaulted by an assistant parish priest at…
Abuse: Stay application granted (Western Australia).
By Bill Madden
With thanks to Sonya Parsons for drawing my attention to RC v The Salvation Army (Western Australia) Property Trust [2021] WADC 117 (available on AUSTLII).
The court was required to consider a stay application in respect of a claim…
Medical: Refusal of vital treatment & Gillick competence.
By Bill Madden
E & F (Minors : Blood Transfusion) [2021] EWCA Civ 1888 (on Bailii).
The above recent decision of the England and Wales Court of Appeal appears consistent with recent Australian decisions. The reasons opened with the following:
These are appeals…
Medical: Neurosurgical advice.
By Bill Madden
Dean v Pope [2021] NSWDC 670 (on Caselaw).
In this matter the plaintiff Mr Dean claimed that in 2013 and 2014, Dr Pope inadequately assessed his presenting symptoms and asserted that this led to an unnecessary lumbar spine procedure.
The outcome of…
Abuse: Stay of proceedings granted.
By Bill Madden
Smith v The Council of Trinity Grammar School [2021] NSWSC 1592 (on Caselaw).
The plaintiff filed a statement of claim some 40 years following his alleged abuse in 1981 at the school by the school master. A complaint was…
Medical: Subpoena for plaintiff’s diaries and journals.
By Bill Madden
Haragli v Tan [2021] NSWSC 1581 (on Caselaw).
Ophelia Haragli sued Dr Clifford Tan, her treating general practitioner, for damages alleging, in short compass, that he failed to diagnose and treat her properly when she presented to him in 2008 expressing concern about…