Peter Marquand

Head of Clinical Law, Partner

Peter has been a partner at Capsticks since 2000. He has extensive experience of handling medical negligence litigation for defendants and is described as one of the leading individuals in the Legal 500. Peter has a particular interest in issues concerning the duty of care and the NHS indemnity and advised the NHS Litigation Authority on the NHS Overseas Treatment Initiative. Peter handles cases of maximum severity, such as children injured as a result of obstetric negligence and those which include complex medical issues.

Peter also advises on consent to treatment, human rights and information law. He was on the committee that advised the Lord Chancellor on the new rules for the Court of Protection, established under the Mental Capacity Act. He acted for the NHS bodies in the so-called 'right to die' case of Ms B v An NHS Trust and N v Dr M in the Court of Appeal, which considered what amounted to inhuman or degrading treatment. In 2005 Peter acted for the successful NHS appellant in the House of Lords in Ward v Commissioner of Police for the Metropolis concerning the execution of a warrant under the Mental Health Act.

Prior to commencing his legal career, Peter qualified as a doctor and practised in many aspects of hospital based medicine up to registrar level. He was appointed as a Deputy Chairman of the Information Tribunal from 2005 to 2009.

Notable Cases
  • Ms B v An NHS Trust [2002] EWHC 429 (Fam) (22nd March, 2002)
  • N v Dr M [2002] EWCA Civ 1789
  • Ward v Commissioner of Police for the Metropolis [2005] UKHL 32
Publications

Books

'Introduction to Medical Law', P Marquand, 2000, Arnold

'An Introduction to Clinical Risk Management in Healthcare', Management Handbook (2nd ed), P Marquand, E Miller, March 1997, Kogan Page, London

Articles

'Doctors Orders: Burke v GMC.', P Marquand, Solicitors Journal, August 2005

'The Human Rights Act and decisions to withhold or withdraw life saving medical treatment', P Marquand, Spring 2004, NHS Litigation Authority Human Rights, Special Edition

'Without consent: when is medical treatment inhuman and degrading?', P Marquand, Solicitors Journal, February 2003

'What if parents refuse to allow interventions?', P Marquand, HIV & AIDS Current Trends, Vol 8, Issue 4, December 2002

'Court in the Act', P Marquand, P Edwards, Health Service Journal, June 2000

Qualifications

BSc, King's College London, 1984

MB BS, Charing Cross and Westminster Medical School, 1987

MRCP (UK), Royal College of Physicians London, 1990

Contact Peter Marquand