Welcome to the eleventh issue of the QMLR, brought to you by the barristers at 1 Crown Office Row to update you on developments in Winter 2021/2022. 

Download the Winter 2021/2022 newsletter here: 1COR Quarterly Medical Law Review – Issue 11 – Winter 2022 

Visit www.1corqmlr.com to read all our individual articles.

In this edition you will find:

Robert Kellar QC explains the Court of Appeal decision in Hughes v Rattan concerning non-delegable duties and vicarious liability on page 2.

Dominic Ruck Keene considers a recent decision on horseplay and vicarious liability on page 4.

Lizanne Gumbel QC summarises a case concerning primary victims and rescuers on page 5.

Matthew Donmall sets out a decision on pre-conception breach of duty on page 8.

Lucy McCann explains a recent decision raising a range of issues, including the illegality defence and the operational duty on page 9. She also considers a recent Court of Appeal decision refusing permission to judicially review a compensation scheme arising out of the infected blood scandal on page 24.

Thomas Hayes summarises a recent case concerning Fournier’s gangrene and material contribution on page 11.

Jasper Gold considers a decision concerning damages and recovery for care costs where the Claimant had a state-funded care regime on page 12.

Richard Smith considers a costs decision concerning whether a liability determination leads to an automatic entitlement to detailed assessment on page 14 and also two recent regulatory appeals concerning dishonesty and denial on page 19.

Andrew Kennedy QC summarises a recent sports law case concerning jockeys on page 16 and three regulatory appeals concerning dishonesty on page 22.

Gideon Barth explains three decisions in which fresh inquests were ordered for three different reasons on page 17.

Finally, follow us on Twitter at @1corQMLR for breaking news and get in touch with our Marketing Manager Eleanor Crundwell for information on upcoming events and to arrange training talks.

If you would like to provide any feedback or further comment, do not hesitate to contact the editorial team at medlaw@1cor.com.