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Medical Law Briefing – June 2021

An Introduction to Capacity: Part I Welcome to another edition of the 1 Chancery Lane Clinical Negligence team briefing. In this edition Ella Davis and Susanna Bennett take a look at the procedural and legal framework relating to mental capacity. Capacity arises in a significant number of clinical negligence claims. Often there are obvious indicators


“Is the room airy?” asks the hotel guest when registering. “Well it’s got air in it”, replies Basil Fawlty in the spirit of helpfulness we’ve come to expect from Torquay hoteliers. And it is in just the same spirit of helpfulness that we bring you a Weekly Roundup devoted to the various difficulties associated with


In June 2020, I gave one of 1 Chancery Lane’s webinars on Article 2 Inquests, and what to expect if you are involved with one (you can watch the webinar here). Shortly after, the Court of Appeal handed down an important judgment in R (Maguire) v Blackpool and Fylde Senior Coroner [2020] 3 WLR 1268,


Our Cornish correspondent informs us that the county is currently overrun with members of the G7 whooping it up, putting the jam and cream on scones in the wrong order and otherwise getting under the feet of the good people of Kernow. Meanwhile, our Scottish friends tell us that the nation’s ports are closed to


In yesterday’s webinar, Robert Parkin and Henk Soede covered the basic principles of Occupiers Liability. They considered what to look for in a potential claim and looked at areas of weakness for potential defences. If you missed it, you can view it here.


In a claim in by a patient against her dental practice where she had received negligent treatment over several years the Court held, following trial of three preliminary issues, that the owner of the dental practice, the Defendant, was liable to the Claimant on the basis that: (1) a non-delegable duty of care was owed


In this webinar, Sarah Prager and Dominique Smith will be looking at how to deal with deaths abroad. They will cover: Establishing the Facts: criminal investigations Establishing the Facts: inquests Bereavement awards Claims for dependency A worked example: FS Cairo v Brownlie [2021] All ER 605 Sarah and Dominique will also be answering any questions you


We’ve heard a lot about traffic lights this week, and about the travel industry’s dismay at the reshuffling of Portugal from the green to the amber list of destinations. And this in turn has of course caused us to turn our minds once more to the seemingly never-ending Great Refund Saga. Does the reshuffle entitle


We’re delighted that Matthew Chapman QC, Sarah Prager and Jack Harding are all ranked in this year’s Who’s Who Legal in the field of Aviation and Travel.   Matthew Chapman QC is “looked upon with enormous favour thanks to his outstanding work on personal injury claims and package holiday disputes.”   Sarah Prager and Jack


What a lovely weekend! But while the 1CL vegetable patch received some much-needed attention (our strawberries are coming on a treat, but we’re a martyr to slugs), we also spent the long weekend brushing up on our jurisdictional challenges. There seem to be a lot of them about, post-Brexit; if you’d like to learn more,


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