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The following paper was presented by John Grace QC at the AVMA conference in Glasgow on 29 June 2007. Many practitioners have expressed concern at the difficulties they have encountered in locating the correct Defendant when their client has received NHS treatment in a private hospital or a foreign country or when treated by overseas medical teams flown in. This article examines the different situations which may arise and considers a practical solution to claims which arise in England where the CNST (Clinical Negligence Scheme for Trusts) apply. It should be noted that the CNST does not apply in Wales or Scotland.

AMRAD is a biotechnology company in the human healthcare sector. Its drug discovery projects are focused on novel cytokine therapies and small molecule anti-viral treatments. The company has a portfolio of early- and late-stage projects and its strategy is to enter into collaborative arrangements with international development partners upon generating proof-of-concept data in clinical trials. AMRAD differs from the typical 'biotech model' insofar as it was initially established as a private technology transfer organisation to serve the commercialisation needs of the publicly funded founding medical research institutes. In return for shares in the company the Member Institutes gave AMRAD a first right of invitation to their research activities. Although the Member Institute arrangement remains an important asset in feeding AMRAD's R&D pipeline, AMRAD's business model has evolved from essentially a service provision role to being actively involved in the progress of new medicines through human clinical trials.