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18 October 2007 / B Mahendra
Issue: 7293 / Categories: Features
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NO FAULT TRAGEDY >>
HIDDEN VIOLENCE >>
CONFLICT IN CHILD PROTECTION >>
INTERIM DISCIPLINE >>

NO FAULT TRAGEDY

In Sutcliffe v BMI Healthcare Ltd (2007) EWCA Civ 476, Mr Sutcliffe had been a keen amateur rugby football player, aged 33, who underwent a routine operation on his injured knee. The operation was performed successfully and he appeared to be making an uneventful recovery—although naturally suffering pain which he controlled through standard self-administered doses of morphine. He spent a sleepless night and fell asleep at 6.00am, when the decision was taken to let him sleep undisturbed. At 8.15am he still seemed to be in untroubled sleep. At some point thereafter he appears to have vomited and, whereas the normal reaction would have been to have woken up, coughed and removed any obstruction to the airways, Mr Sutcliffe’s reactions, perhaps dulled by the morphine, had been impaired with the consequence that the vomited matter had entered his lungs, obstructing the flow of oxygen. As a consequence he suffered massive brain damage from which he will not recover.

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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