Issue 5 Archives - The QMLR Archive

Professional Regulation

(1) General Medical Council (2) Professional Standards Authority for Health & Social Care v Asef Zafar [2020] EWHC 846 This article originally appeared in Issue 5 (May 2020). The Divisional Court substituted a sanction of erasure for a 12 month suspension in this appeal by the GMC and PSA arising…

By May 1, 2020Issue 5, Regulatoryerasure

Clinical negligence Costs Issue 5

Wasted Costs Arising from an Expert’s Breach of Duty

Thimmaya v Lancashire NHS Foundation Trust [2020] PNLR 12 This article originally appeared in Issue 5 (May 2020). An expert witness had failed to fulfil his duty to the court under CPR 35 to provide competent expert evidence and therefore a wasted costs order was made against him for the…

By May 1, 2020Clinical negligence, Costs, Issue 5Experts1 Comment

Court of Protection Issue 5

Best Interests Assessment and Clinically Assisted Nutrition and Hydration

A Clinical Commissioning Group v AF [2020] EWCOP 16 This article originally appeared in Issue 5 (May 2020). Following a hearing that took place via Skype due to the COVID-19 medical emergency, the court decided it was not in the best interests of a stroke patient to have his Clinically…

By May 1, 2020Court of Protection, Issue 5best interests, withdrawal of treatment

Costs Issue 5

“The Race Is Not (Yet) To The Swift”: With Apologies to Ecclesiastes 9:11

Swift v Carpenter [2020] EWCA Civ 165 This article originally appeared in Issue 5 (May 2020). So Swift v Carpenter rumbles on. The restrictions imposed during the Covid-19 pandemic have meant that the adjourned appeal of 24 July 2019, due for hearing on 23 March 2020 and listed for four…

By May 1, 2020Costs, Issue 5

Clinical negligence Issue 5

The Standard of Care in Pure Diagnosis Cases

Brady v Southend University Hospital NHS Foundation Trust [2020] EWHC 158 (QB) This article originally appeared in Issue 5 (May 2020). In the bulk of actions for clinical negligence, the standard of care owed to the patient is one point which attracts relatively little judicial consternation. In Brady, and cases…

By May 1, 2020Clinical negligence, Issue 5Duty of care, Standard of care

Abuse/Child Abuse Issue 5

Vicarious Liability – Child Sexual Abuse

Haringey London Borough Council v FZO [2020] EWCA Civ 180 DSN v Blackpool Football Club [2020] EWHC 695 (QB) EXE v Governors of the Royal Naval School [2020] EWHC 596 (QB) This article originally appeared in Issue 5 (May 2020). Three recent cases have illustrated the application of a number…

By May 1, 2020Abuse/Child Abuse, Issue 5vicarious liability

Inquests Issue 5

Article 2 Inquests and Community-Based Psychiatric Patients

R (Lee) v HM Assistant Coroner for the City of Sunderland [2019] EWHC 3227 (Admin) This article originally appeared in Issue 5 (May 2020). It is now eight years since the Supreme Court found that the death of a voluntary mental health patient whilst on leave could engage the state’s…

By May 1, 2020Inquests, Issue 5Article 2

Issue 5 Public

Transgender Fathers and Birth Certificates

R (McConnell and YY) v Registrar General [2020] EWCA Civ 559 This article was originally published in Issue 5 (May 2020). The Court of Appeal has revisited the tension between the wish of a transgender person to have their legal gender recognised on their child’s birth certificate and the right of…

By May 1, 2020Issue 5, PublicArticle 8, transgender people

Court of Protection Issue 5

Permission Refused for a Review of Contact Arrangements

A v B and Ors [2020] EWCOP 1 This article originally appeared in Issue 5 (May 2020). A mother was refused permission to apply for a full review of the arrangements for contact with her severely autistic son, on the basis that she could not show a “good arguable case”…

By May 1, 2020Court of Protection, Issue 5

Cookie	Duration	Description
__cf_bm	1 hour	This cookie, set by Cloudflare, is used to support Cloudflare Bot Management.
cookielawinfo-checkbox-advertisement	1 year	Set by the GDPR Cookie Consent plugin, this cookie records the user consent for the cookies in the "Advertisement" category.
cookielawinfo-checkbox-analytics	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional	11 months	The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
CookieLawInfoConsent	1 year	CookieYes sets this cookie to record the default button state of the corresponding category and the status of CCPA. It works only in coordination with the primary cookie.
viewed_cookie_policy	11 months	The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
wpEmojiSettingsSupports	session	WordPress sets this cookie when a user interacts with emojis on a WordPress site. It helps determine if the user's browser can display emojis properly.

Cookie	Duration	Description
_ga	1 year 1 month 4 days	Google Analytics sets this cookie to calculate visitor, session and campaign data and track site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognise unique visitors.
_ga_*	1 year 1 month 4 days	Google Analytics sets this cookie to store and count page views.