Welcome to the second issue of the Quarterly Medical Law Review, brought to you by barristers at 1 Crown Office Row. This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligenceregulatory, and inquests.

 

Download the Summer 2019 newsletter here: 1COR QMLR Summer 2019 Issue 2

 

In our second issue of QMLR: 

Rajkiran Barhey explains the Supreme Court’s decision in Poole Borough Council v GN and another [2019] UKSC 25 concerning liability of public authorities.

Jeremy Hyam QC explains and analyses the new discount rate of -0.25% and considers the prospects of dual rates. In later pages he explains the Court of Appeal’s decision in West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220 concerning ATE premiums and also covers Beard v General Osteopathic Council [2019] EWHC 1561 (Admin) on procedural irregularity in disciplinary proceedings.

Dominic Ruck Keene analyses a wealth of recent authorities from the past year on the scope of the duty of care.

Matthew Flinn covers another (see Issue 1) interesting new judgment on bespoke life expectancy evidence. He also looks at the recent decision of R (Maguire) v HM Senior Coroner for Blackpool and Fylde [2019] EWHC 1232 (Admin) concerning Article 2 and medical inquests and the decision in R (on the application of BPAS) v Secretary of State for Health and Social Care [2019] EWHC 1397 (Admin) on the interpretation of the Abortion Act 1967.

Suzanne Lambert provides a comprehensive review of the regimes relating to fundamental dishonesty in litigation, including CPR Rule 44.16(1) and s.57 of the Criminal Justice and Courts Act 2015.

Shaheen Rahman QC looks at the recent Court of Appeal decision in B v Local Authority [2019] EWCA Civ 913 on capacity in relation to decisions regarding residence, care, contact, social media and sexual relations.

Finally, see our In Brief section. Previous newsletters can be found on our website here. If you would like to provide any feedback or further comment, do not hesitate to contact the editorial team at medlaw@1cor.com. Get the latest judgments, case updates and information by following us on twitter @1corQMLR

Each quarter, the 1COR Quarterly Medical Law Review will be sent to our mailing list, then published on the 1COR website one week later.
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