Robert Kellar QC, Author at The QMLR Archive

Dental Negligence, Vicarious Liability and Non-Delegable Duty: A Test Case

Hughes v Rattan [2021] EWHC 2032 (QB) In Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question: was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS…

By Robert Kellar QC January 24, 2022Clinical negligence, Issue 10non-delegable duty, vicarious liability

Clinical negligence Issue 9

Supreme Court Revisits Wrongful Birth Claims

Khan v Meadows [2021] UKSC 21 In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in 'wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment.…

By Robert Kellar QC, Owain Thomas QC July 28, 2021Clinical negligence, Issue 9Scope of duty, Wrongful birth

Clinical negligence Issue 8 Personal injury

“Wrongful Life” Revisited

Toombes v Mitchell [2020] EWHC 3506 (QB) In Evie Toombes v Dr Philip Mitchell [2020] EWHC 3506 the High Court has given renewed consideration to claims for, so called, “wrongful life”. Can a disabled person ever claim damages on the basis that they would not have been born but for…

By Robert Kellar QC April 15, 2021Clinical negligence, Issue 8, Personal injuryWrongful birth

Clinical negligence Issue 7

Mental Health, Clinical Negligence and the Illegality Defence

Ecila Henderson v Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 In Ecila Henderson v Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (“ex turpi causa”) in the context of a claim for clinical negligence. The Claimant — a…

By Robert Kellar QC March 8, 2021Clinical negligence, Issue 7illegality

Issue 6 Regulatory

GMC Not Bound by Erroneous First Instance Concession on Appeal

General Medical Council v Zafar [2020] EWHC 246 This article originally appeared in Issue 6 (September 2020). In General Medical Council v Zafar [2020] EWHC 246 a Divisional Court of the High Court affirmed two propositions: one surprising, one not. Unsurprisingly, the court affirmed the proposition that doctors who prepare…

By Robert Kellar QC September 1, 2020Issue 6, Regulatoryerasure

Issue 3 Regulatory

The Death of the Right to Silence in Regulatory Proceedings?

Kuzmin v GMC [2019] EWHC 2129 (Admin) Sanusi v GMC [2019] EWCA Civ 1172 This article originally appeared in Issue 3 (November 2019). Two recent cases have important consequences for regulated professionals who fail to participate in regulatory hearings. In Kuzmin v GMC [2019] EWHC 2129 (Admin) the issue was…

By Robert Kellar QC November 1, 2019Issue 3, Regulatoryadverse inferences, procedural fairness, self-incrimination