Welcome to the fourth 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 negligence, regulatory, and inquests.
Download the Winter 2019-20 newsletter here: 1COR QMLR Winter 2019-2020 Issue 4
Read the individual articles on the QMLR Archive website here.
In our fourth issue of QMLR:
We start by exploring some recent judicial reviews exploring the interaction between the immigration system and healthcare. In the first, David Manknell discusses a healthcare judicial review concerning the eligibility of a non-UK resident for NHS care – R (Johnson) v Royal Free London NHS Foundation Trust – Page 2.
Matthew Flinn considers another decision of the Administrative Court relating to NHS charges – R (ERA) v Basildon and Thurrock University Hospitals NHS Foundation Trust – and a decision concerning whether a failure to provide prompt medical treatment to a detained Claimant breached his Article 3 rights – Watling v Chief Constable of Suffolk – Page 3.
In the fourth, Rajkiran Barhey summarises a challenge to the NHS charging regulations on the grounds of discrimination – Shu & Anor, R (ota) v SSHSC & Anor – Page 5.
We then have two articles on causation. The first, by John Whitting QC, provides an insight into his own experience of issues of statistical association and causation – Clements v Imperial College Healthcare NHS Trust and AB v East Lancashire Hospitals NHS Trust – Page 7. This is followed by Dominic Ruck Keene’s piece on Collyer v Mid Essex Hospital Services NHS Trust, which concerns extremely rare complications and establishing causation – Page 8.
Jeremy Hyam QC then covers three judicial reviews. The first concerns gender reassignment in prison – R (ota KK) Tavistock & Portman NHS Foundation Trust the second is a challenge against a decision that the Claimant was not eligible for NHS Continuing Healthcare – R (ota Gossip) v NHS Surrey Downs CCG. The final is a judicial review of a hospital reconfiguration decision following a consultation – R (Nettleship) v NHS South Tyneside CCG and others – Page 9.
Jo Moore provides a very helpful update on recent changes to statements of truth and witness statements – Page 11.
Suzanne Lambert considers five common issues in consent cases, highlighted by a recent Scottish decision – Johnstone v NHS Grampian – Page 12.
Two very different personal injury decisions are covered: First, Cara Guthrie considers a decision concerning the interaction between civil and criminal liability and novus actus interveniens – Page 15. Second, Charlotte Gilmartin analyses a judgment on vicarious liability in the context of sexual abuse – Page 17.
Alasdair Henderson analyses a recent Scottish challenge under the Consumer Protection Act 1987 to the safety of a particular type of metal-on-metal total hip replacement prosthesis – Hastings v Finsbury Orthopaedics Ltd and Stryker UK Ltd – Page 19.
Rajkiran Barhey summarises a decision which considers the use of NICE Guidelines to establish breach of duty – Sanderson v Guy’s and Thomas’ NHS Foundation  EWHC 20 (QB) – and a JR on the use of screens in inquests – Page 20.
Jeremy Hyam QC explains a recent decision on QOCS and mixed claims – Page 23.
Dominic Ruck Keene considers Bot v Barnick – a strike out application for failure to comply with directions and – R (Morris) v Parliamentary and Health Service Ombudsman – concerning legitimate expectations of an Ombudsman’s inquiry – Page 24.
Finally, see our In Brief section. If you would like to provide any feedback or further comment, do not hesitate to contact the editorial team at firstname.lastname@example.org.
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