Charity denied request to limit litigation costs
The charity, Action against Medical Accidents, which promotes better patient safety and justice for people who have been affected by a medical accident...
...was unsuccessful in its application to the High Court for a protective costs order (PCO). William Powell’s 10 year-old son had died of a heart attack in Morriston Hospital Swansea in 1990 after doctors had failed to diagnose Addison’s Disease which was revealed at the post-mortem. After no success with legal proceedings that got as far as the Court of Appeal in July 1997, Mr Powell went to the General Medical Council in 2003 with allegations of clinical failure, dishonesty and perjury. The complaint was barred because it was made out of time. The charity issued judicial review proceedings against the GMC, seeking a cap on costs on grounds of resources and submitting the issues raised were of general public importance and the public interest required their resolution. Mr Justice Davis did not agree, observing the issues were unique to Mr Powell’s family and the doctors concerned. The 2004 inquest attracted considerable press attention.
Author: Clarissa Dann
Clarissa Dann was the editor of Caritas as well as an HR and management online service,he People Bulletin until July 2011.
She is now the editor of the specialist trade finance magazine, Trade and Forfaiting Review which can be viewed at www.tfreview.com but does write on charity finance and investment from time to time.
Clarissa has a background in legal and professional publishing, as well as business journalism and holds an MBA from
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