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Articles by Gemma Quinn
Capacity disputes do not belong in standalone Hearings (via Passle)
The claimant in Mohammed v Ali & MIB [2026] EWHC 401 (KB) sustained injuries as the result of a road traffic accident which took place in 2019. The incident was caused by an uninsured driver in respect of which the MIB accepted liability in full. DWP records disclosed shortly before trial suggested the claimant’s mother and Litigation Friend had given dishonest information which cast doubt as to her suitability to continue in this role.
Creating effective assessment activities for foundation trainees
After reading this article, you should be able to: Understand how the NHS England assessment strategy maps to the learning outcomes from the GPhC standards for the initial education and training of pharmacists; Create effective opportunities for foundation trainee pharmacists to demonstrate prescribing competencies correctly; Proactively plan assessment activities that map to learning outcomes and allow trainee pharmacists to progressively build evidence of competency.
Selecting an appropriate model of supervision for foundation trainees
After reading this article, you should be able to: Understand the purpose and structure of prescribing supervision during the foundation training year; Identify the different supervision models that can be used to support the 90 hours of prescribing-related learning; Recognise the roles and responsibilities of designated supervisors and designated prescribing practitioners, including how these work in both single-sector and multisector placements.
Actions speak louder than words
How should the determination of wishes and feelings be approached in circumstances where an impairment of the mind inhibits the protected party from expressing what they truly want? Such a dilemma was faced by the judge in St Georges University Hospitals Foundation Trust v LV (2025) EWCOP 9. LV is an intelligent and academically ambitious woman in her early 20s who has been diagnosed with anorexia nervosa as well as severe depression and anxiety.
A matter of opinion
The case of Hamed v Ministry of Justice (2024) (Cambridge CC) concerned a claim for damages pursued on behalf of a prisoner who it was alleged sustained injuries to the left ankle, shoulder, back and jaw as well as psychological trauma when he fell from a top bunk.
The Value of Money
How should a professional Deputy approach the question of whether to inform a personal injury claimant who is also a protected party of the value of his or her settlement or award? Guidance can be drawn from the recent decision of Hayden J in PSG Trust Corporation Ltd and CK (1) NJ (2) [2024] EWCOP 14.
The Need to Read?
Introduction To comply with their Part 35 duty to the court, is it necessary for a medico legal expert to personally review the medical records? The question fell for consideration by David Allen KC sitting as Deputy High Court Judge during the trial of the case pursued on behalf of PHJ v HMA (Unreported) which took place in October and December 2023 but in respect of which judgment has only recently been handed down.
Back in the driving seat
It is trite law capacity is time and decision specific and should be assessed in the present but what factors should be taken into account when deciding whether a person previously deemed to lack it has gained the ability to make their own choices? Useful guidance can be drawn from the judgment in Re DY (Capacity) [2024] EWCOP 4 handed down by the Court of Protection on 30 January 2024.
To see the benefits of treatment
In what is the first decision to be handed down in 2024, the Court of Protection was asked to determine whether it was lawful and in a person’s best interests to receive care and treatment to which they were opposed, even if that necessitated the use of sedation. Re TTN [2024] EWCOP 1 concerned a patient detained under Section 3 of the Mental Health Act 1983, who had experienced significant sight loss as the result of a detached retina.
Expertise = Existing knowledge
CPR 35.3(1) stipulates that it is the duty of experts to help the court on matters within their expertise. According to the recent case of Sycurio Ltd v PCI-Pal PLC and Anor (2023) that does not include knowledge gleaned from research undertaken purely for the purpose of the action in which the expert has been retained to give evidence. The dispute forming the subject of the case concerned the alleged breach of a patent.
Fluctuating capacity: when can a person make their own decision?
Given the majority of the cases we deal with involve complex issues and fluctuating presentation, how does the law determine what decisions a person does and does not have capacity to make? This question was explored by the Court of Protection in A Local Authority and PG (by her litigation friend, the official solicitor) and Others (10 March 2023).
How financial mindfulness can make doing your tax return an exercise in self-care
It’s approaching the End of Financial Year (EOFY), and most of us are avoiding the feeling of tax time. While some things are easier to tackle, like searching up what you can claim back on tax, or shopping for the best EOFY deals, we always seem to leave the organisational part to the last minute each year when tax time rolls around.
How to KonMari your Christmas
Christmas is a magical time of year, one meant to be full of celebration and joy. However, it can be busy, expensive and stressful. The KonMari philosophy can help you navigate the season by focusing on what truly brings you joy at Christmas. To help have a joyful Christmas, start by imagining what exactly that means for you. It's different for everyone. An easy way to visualise your ideal Christmas is to create a Pinterest board. Think about all the little details. What does it smell like?
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