tag:blogger.com,1999:blog-1672259137316716796.post2186680914083241675..comments2023-10-15T12:15:41.122+01:00Comments on Lost London Law Student: Mooting Third RoundLosthttp://www.blogger.com/profile/17925376672319957170noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-1672259137316716796.post-69185255884097999462009-01-19T12:13:00.000+00:002009-01-19T12:13:00.000+00:00Good with the moot and business venture. I can see...Good with the moot and business venture. I can see it doing well in this economic climate...more of my friends are not paying train fares and getting away with it. Due to their James/Jane bond abilities. <BR/><BR/>It might thought becuase were poor students.The Uni Looneyhttps://www.blogger.com/profile/00252236274131074492noreply@blogger.comtag:blogger.com,1999:blog-1672259137316716796.post-51749538430771429402009-01-18T18:06:00.000+00:002009-01-18T18:06:00.000+00:00Best of luck with the moot. If you're arguing at t...Best of luck with the moot. If you're arguing at the House of Lords, policy argument will always strengthen your arguments, shows how creative you can be in court!<BR/><BR/>Getting to the top 16 is an achievement in itself.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1672259137316716796.post-61011114522437775302009-01-18T12:19:00.000+00:002009-01-18T12:19:00.000+00:00Thank Minxy, the moot problem question is on AAA s...Thank Minxy, the moot problem question is on AAA surgery something that Phil Hammond(either the whistle blower or the revealer of the Bristol Inquiry) has written about, though googles have provided not a lot of stuff to go on but very interesting none the less!!Losthttps://www.blogger.com/profile/17925376672319957170noreply@blogger.comtag:blogger.com,1999:blog-1672259137316716796.post-77663091338808852672009-01-18T11:47:00.000+00:002009-01-18T11:47:00.000+00:00You seem to have a cracking argument, there Lost -...You seem to have a cracking argument, there Lost - and wise of you not to go with bolam if its part of the second ground.<BR/><BR/>Could you not also slip in the point that very many doctors have absolutely appalling - and published - mortality and morbidity rates, which could, prima facie, be viewed to be the result of negligent conduct ( i.e he must be a very slipshod sort of a doctor if all these people die in his care') but are in fact part and parcel of the high risk work they do with very 'high risk' patients? This might be a good point if the other side reveal/argue the Bristol Heart Scandal. A useful piece was trotted out some time ago in the Independant with respect to the conduct of Cardiac Surgeons:<BR/><BR/>http://www.independent.co.uk/life-style/health-and-wellbeing/health-news/death-rates-of-heart-surgeons-revealed-545825.html<BR/><BR/>Just a thought! :)Minxhttps://www.blogger.com/profile/11374956155964328760noreply@blogger.comtag:blogger.com,1999:blog-1672259137316716796.post-65681766913420676912009-01-18T05:29:00.000+00:002009-01-18T05:29:00.000+00:001. I think i am going to currently argue that doct...1. I think i am going to currently argue that doctors have a general duty in "broad terms" according to Chatterson v Garrett, to inform patients of the procedure.. and obviously any significant risk of the procedure itself following Chester v Afshar<BR/><BR/>But not to provide information about themselves, therapeutic privilege can be used here I recon, then going on to say how much of a burden and waste of NHS resources it would be to provide this kind of discloure to every patient. <BR/><BR/>Then perhaps go through Sidaway..<BR/><BR/>I am trying to stick clear of Bolam and Bolitho as they come up as the second ground in the moot, which my partner is doing!!<BR/><BR/>The real issue is; whether a doctor is under a duty to disclose all of his past/previous successes/failures to every patient he treats - my answer shall be met with a resounding no.. for the above reasons..<BR/>what ya think?<BR/><BR/>Mooting is won not on the law in my moots but style/presentation/content/dealing with judicial intervention.. all of which I have got better at.. just hopefully it is better than two other people in my moot, because only two people are going through to the next round!! ah!!Losthttps://www.blogger.com/profile/17925376672319957170noreply@blogger.comtag:blogger.com,1999:blog-1672259137316716796.post-50729459749625019802009-01-18T04:58:00.000+00:002009-01-18T04:58:00.000+00:00I agree with Andro, it is a bit of a strange mooti...I agree with Andro, it is a bit of a strange mooting question, because the other side have a whole Host of failure to inform cases at their beck and call; have you looked at the dissenters in those judgements ( if any ) in order to see what they think?<BR/>Of course, Bolam could be wheeled out , the facts of the case bieng horrific, and the resulting test arguably in that circumstance an acquiesence of the court to medicine.<BR/><BR/>Thats the trouble with mooting - it just keeps getting bloody tougher, but since I have no doubt that you are now more than capable of selling snow to the Eskimos and sand to the Arabs on the back of past victories, I am quite sure that you will prevail!Minxhttps://www.blogger.com/profile/11374956155964328760noreply@blogger.comtag:blogger.com,1999:blog-1672259137316716796.post-55447466284807263922009-01-18T00:57:00.000+00:002009-01-18T00:57:00.000+00:00Hey, good luck!!The moot question sounds.. strange...Hey, good luck!!<BR/><BR/>The moot question sounds.. strange. But I'm sure that after all the research, you'll come up with some genius arguments to conquer your opponents and impress the judge!Androidhttps://www.blogger.com/profile/12001994727389453144noreply@blogger.com