Life after Montgomery

Life after Montgomery – How do we counsel our patients?

Lauren Sutherland QC


LMEDAC are proud to offer their new medico-legal session with Lauren Sutherland QC. Ms Sutherland was part of the claimant team in the landmark decision of  Montgomery v Lanarkshire Health Board, in the Appeal Court in Scotland and Supreme Court in England.

She will be offering her thoughts during a one hour talk, which will be followed with a question and answer session and networking dinner. Lauren will cover the following points during the evening:

– Why was there a need for a change in the law related to “information disclosure” to patients?
– How/why the decision of the Supreme courts changed the law in the UK and the effect of that change for practitioners with the removal of the Professional practice test.
– What was the relevance of the GMC guidance on consent in the decision of the Supreme Court.

– Cases since Montgomery, the trend and the role of expert witnesses in this new era.

Lauren was called to the bar in 1996 and took silk in 2016. Prior to that she was a Solicitor in private practice specialising in personal injury and clinical negligence. Since calling to the bar she has specialised in clinical and professional negligence, and human rights issues in medical law. She is ranked in both Chambers UK and the Legal 500 for clinical negligence (Band 1). She was described by Chambers UK as ‘the most specialised claimant clinical negligence advocate in Scotland”. In 2016 Chambers UK described her as “Deeply knowledgeable in medical negligence matters. I don’t think you could find a more committed advocate to medical negligence cases.” In 2017 Chambers UK said “Her knowledge of the legal and medical aspects of the cases she handles is phenomenal” “Absolutely superb at medical negligence cases. She goes the extra mile to understand the expert knowledge.” She was one of two government appointed Counsel to the Vale of Leven Public Inquiry to investigate the outbreak of C difficile at the hospital. She was a member of the panel Chaired by Professor S McLean appointed to review the introduction of No Fault Compensation in Scotland. She is Secretary of the Professional Negligence Bar Group. She has written and lectured extensively in the area of personal injury and clinical negligence. She prepared the chapter on Medical Law and Human Rights for the main Scottish Human Rights textbook and has been contributing editor on medical law to Green’s Reparation Bulletin for 20 years. She has a particular interest in medical law and ethics and has lectured on ‘consent’ to lawyers, dental and medical students for 15 years. She was part of the legal team in the land- mark case of Montgomery v Lanarkshire Health Board [2015] UKSC 11.


She will shortly be publishing her latest book called ‘Consent-Post Montgomery’. The book analyses all the arguments in Montgomery at the various stages and in the Supreme Court, as well as the law prior to it. It also analyses the cases post Montgomery, the law in other common law jurisdictions who have a patient focused test on information disclosure and looks at the role of expert witnesses in the new era. The book is aimed at doctor, lawyers and healthcare providers interested in gaining a more in depth knowledge of the law on consent post Montgomery.

Lauren Sutherland - Life after Montgomery

17th May 2018
18:00 – 19:30

19:30- 20:00 Pre-dinner drink
20:00 Networking Dinner

Crowne Plaze Hotel, Glasgow

£80 (exc VAT)*

*Dinner includes limited drinks