Welcome to the seventh issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row. This issue was unfortunately somewhat delayed but covers developments in Autumn 2020.
Download the newsletter here: 1COR QMLR Issue 7 – Autumn 2020
Read the individual articles on the QMLR Archive website here.
Robert Kellar QC explains the Supreme Court decision in Henderson v Dorset Healthcare concerning the illegality defence on page 2.
Jeremy Hyam QC analyses two cases on informed consent and the new GMC guidance on page 4 .
Matthew Flinn summarises a High Court decision concerning material contribution and PTSD on page 7.
A webinar by Lizanne Gumbel QC and John Whitting QC on Swift v Carpenter has been transcribed for readers by Henry Tufnell on page 8.
Shaheen Rahman QC considers Maguire, Article 2 and healthcare inquests in a very in-depth analysis of the domestic and European case-law on page 12.
Matthew Hill also considers Article 2 in the inquest context, covering a significant decision relating to police failures on page 19.
Suzanne Lambert and Dominic Ruck Keene cover decisions relating to fundamental dishonesty. Dominic also considers an interesting judicial review regarding medical records and GDPR on pages 21 to 28.
Charlotte Gilmartin follows up on a case covered in Issue 6 concerning extra-territoriality and the Civil Liability Act on page 28.
Michael Deacon explains a recent decision on vicarious liability in the context of a practical joke gone wrong at work on page 30.
Matthew Flinn provides an update on two Court of Protection cases, the first concerning deputies and the second concerning an individual with alcoholism on page 32.
Sarah Lambert QC, our resident costs expert, continues her helpful updates on page 35.