Welcome to this COVID-19 special issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row. Given the fast moving nature of this situation, we will likely produce a number of special issues, which will be emailed to subscribers and posted on the 1COR website, as per usual. This is the third version of our special edition, updating the April issue.
Each edition builds on the last edition and therefore we have kept earlier content as well as adding new articles.
Download our third special issue here : 1COR QMLR COVID Special Issue 3 Summer 2020
Find all the individual articles on the QMLR Archive website here.
As we move into the recovery phase, the courts and tribunals recovery plan has been published here. The associated message from the senior judiciary is here.
The first piece is by Shaheen Rahman QC and Suzanne Lambert and is a comprehensive review into the issue of excess BAME deaths from coronavirus, and what has been done to investigate the matter.
Our next two pieces are by Dominic Ruck Keene , in which he considers an application for adjournment of a clinical negligence trial and a review of the Civil Justice Council into the effect of COVID-19.
Rajkiran Barhey considers a recent judicial review of a decision by the Secretary of State to allow women to take medication inducing a termination at home.
Republished from previous COVID-19 special issues:
Jeremy Hyam QC and considers the calls for legal immunity for clinicians, particularly for volunteers.
We have two pieces on coronavirus and custody. The first is by Gideon Barth and looks at inquests and deaths in custody. The second is by Suzanne Lambert and considers immigration detention and coronavirus.
Dominic Ruck Keene considers causation and deaths from COVID-19. He then goes on to look at legal issues for employers arising from potentially inadequate PPE provision.
Darragh Coffey provides an analysis of the Coronavirus Act. It is split into two parts – the first considers why the Act was necessary and some more general aspects, whilst the second looks at more specific parts of the Act.
Rajkiran Barhey then looks at two decisions arising out of COVID-19. The first concerns an order seeking possession of a hospital bed from a patient who did not wish to be discharged. The second relates to an application by a care home resident’s daughter for his discharge, on the basis that a decision to ban all visitors breached his ECHR rights. She also considers an application for adjournment due to coronavirus.
Richard Mumford and Caroline Cross talk us through changes to coroners’ investigations, updated to reflect the most recent Coroner’s guidance.
Matthew Flinn has written a fitting tribute to Sir John Laws, who recently passed away due to coronavirus.
Towards the end, readers will find links and extracts of new practice directions, protocols and guidance relevant to the civil courts. There is a large amount of material which we have tried to collate in one place for readers.
Send us your questions, queries or concerns as well as feedback and remote training session based on cases, topics and guidance by emailing us at firstname.lastname@example.org.
Previous issues can be found on our website under ‘Newsletters’, listen along on our podcast LawPod UK and remember to follow us on Twitter @1corQMLR for the latest commentary.