Welcome to the thirteenth issue of the QMLR, brought to you by the barristers at 1 Crown Office Row. 

Download the Spring 2023 newsletter here: 1COR QMLR – Issue 13 – 2023 Spring

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

In this edition you will find:

Peter Skelton KC explains the Supreme Court’s recent, and significant, judgment on Article 2 and medical inquests on page 2.

Marcus Coates-Walker provides a summary of decision concerning Montgomery and causation on page 8.

Richard Mumford considers two recent judgments on consent and factual causation on page 12.

Matthew Donmall explains a successful decision for a Defendant which considers the issue of urgent surgery on page 14.

Gareth Rhys summarises an appeal overturning a Third Party Costs Order against an expert on page 15.

Lucy McCann explains the outcome of an unsuccessful judicial review by several trans claimants seeking to challenge the long waiting times for trans healthcare page 16.

Alice Kuzmenko summarises a useful decision summarising the law on the use of clinical guidelines on page 18. She also considers a decision concerning whether a fresh inquest should have been ordered following a death which occurred soon after the Deceased’s benefits were stopped, on page 28.

Nicholas Jones considers a recent case in which a Defendant unsuccessfully alleged that a Claimant had been contributorily negligent for failing to follow up an appointment with his GP on page 22.

Dominic Ruck Keene explains a decision considering the ‘plus’ element of the Galbraith test in inquests on page 24.


Follow us on Twitter at @1corQMLR for breaking news and get in touch with our Business Development 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.