A European perspective on the Duty of Candour

1. Where an individual doctor has provided information pursuant to his employer/provider’s duty under the Regulated Activities Regulations 2014, would the subsequent deployment of that information in criminal proceedings offend any individual doctor’s claim to the right against self-incrimination and/or violate Article 6? This short paper seeks to set  out the European perspective.

Article 6 states:

In the determination of… any criminal charge against him, everyone is entitled to a fair….hearing by an independent and impartial tribunal.

Does the Duty of Candour impact upon inquests?

Serjeants’ Inn Chambers hosted an evening with Sir Robert Francis QC on Thursday 24 September 2015 to discuss and reflect upon the impact of the Duty of Candour, as recommended in the 2013 Francis Report, upon practice in a variety of healthcare areas, including inquests.

Cecily White and Paul Spencer considered the impact in the Coronial jurisdiction of the rather snappily named “Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014” (i.e. the Duty of Candour regulations). Their paper is summarised below.

Serjeants’ Inn Chambers wins Chambers of the Year award at the Halsbury Legal Awards 2015

We are delighted to have been named Chambers of the Year at the Halsbury Legal Awards 2015.

The award brochure noted:

The judges were impressed by this set’s progressive approach which runs in tandem with its strong record on ground-breaking litigation. Effective management and dedicated client management teams have combined to enable it to develop international markets marking a truly remarkable year.

For further details click here.

Altruism, Welfare and the Law

Please click here for details of this new publication by Charles Foster and Jonathan Herring. The book is described by its publishers as contending that:

“our welfare is inextricably entangled with that of others, and accordingly law and ethics, in determining our best interests, should recognise the central importance of relationality, the performance of obligations, and (even apparently injurious) altruism”.