Qualified Legal Representatives – the challenges so far – Becket Chambers

‘For cases issued after 21 July 2022, the Court has jurisdiction to appoint a Qualified Legal Representative (“QLR”). In family cases, the necessity for such an appointment usually arises upon application of section 65 of the Domestic Abuse Act 2021 or amendments to the Matrimonial and Family Proceedings Act 1984 which restricts litigants in person from cross-examining parties or witnesses in certain circumstances.’

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Becket Chambers, 2nd July 2024

Source: becket-chambers.co.uk

Towards a rights-based approach for disabled women’s access to abortion – Medical Law Review

Posted July 29th, 2024 in abortion, disabled persons, human rights, mental health, news by sally

‘This article adds to the still limited scholarship on the impact of abortion laws and policies on people with disabilities and those with diminished capacity who seek abortion. We argue that neither the legal nor policy framework currently operating in England and Wales adequately incorporates and protects the rights of people with disabilities or those experiencing mental ill-health. Rather, the law and policy framework jeopardizes their reproductive agency. We argue that greater attention to and incorporation of standards contained within the UN Convention on the Rights of Persons with Disabilities (including the sources produced by its Committee) and implementation of guidelines produced by the World Health Organization would result in a rights-affirming framework that supports disabled women’s reproductive agency, enhances their effective enjoyment of human rights, and supports them in accessing quality abortion care.’

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Medical Law Review, 17th July 2024

Source: academic.oup.com

Separate legal personality – an explanation and a defence – Journal of Corporate Law Studies

Posted July 29th, 2024 in company law, legal personality, news, sham transactions by sally

‘The article proposes a modern version of real entity theory to explain the principle of the separate legal personality of the company. This theoretical model relies on scholarship from the wider social sciences that demonstrates that organisations bring about behaviours that would not exist but for the organisational context. Organisations are real in their consequences. The principle of separate legal personality condones, supports, and protects the ability of organisations to act autonomously. The article further suggests that we do not need a principle of corporate “disregard” but should continue on the path of developing context-specific rules addressing questions arising out of corporate abuses.’

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Journal of Corporate Law Studies, 17th July 2024

Source: www.tandfonline.com

Still No(,) More Bolam Please: McCulloch and others v Forth Valley Health Board – Modern Law Review

Posted July 29th, 2024 in doctors, hospitals, medical treatment, negligence, news by sally

‘McCulloch v Forth Valley Health Board concerned an allegation of negligence, in failing to consider treating pericarditis with non-steroidal anti-inflammatory drugs as a reasonable alternative treatment and not discussing this option with the patient. Montgomery v Lanarkshire Health Board held that a medical professional must disclose to a patient material risks and any reasonable alternative treatments. The materiality of a risk is to be decided by reference to a reasonable person in the patient’s position, or where the medical professional should be reasonably aware that the particular patient is likely to attach significance to that risk. However, Montgomery did not define the legal standard relating to the assessment of whether an alternative treatment is reasonable. McCulloch held the correct legal test to be applied as to whether an alternative treatment is reasonable is the professional-practice test in Bolam v Friern Hospital Management Committee. There are practical, doctrinal and normative reasons to question whether Bolam is the correct legal test in respect of the assessment of reasonable alternative treatments. Additionally, the conceptualisation of Bolam in McCulloch is overly deferential. McCulloch fails to fully consider Montgomery’s emphasis that autonomy-respecting principles are the values that risk disclosure practices are sensitive to.’

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Modern Law Review, 4th July 2024

Source: onlinelibrary.wiley.com

Futility and best interests before the Court of Protection – Mental Capacity Law and Policy

Posted July 29th, 2024 in Court of Protection, medical treatment, news by sally

‘When medical treatment can be considered to be a futile is an important, but sometimes difficult, question. What can make it difficult in the context of those with impaired decision-making capacity is the potential for it to start “coding” judgments about other matters, above all judgments about the quality of life of the patient. In Re XY [2024 EWCOP 37 (T3), the issue of futility arose in the context of a decision whether continuing life-sustaining treatment was in the best interests of a man who in a prolonged disorder of consciousness. The treating Trust wished to cease mechanical ventilation and the provision of clinically assisted nutrition and hydration on the basis that its continuation was no longer in XY’s best interests.’

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Mental Capacity Law and Policy, 28th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Number of LPAs registered soars by 28% – Legal Futures

Posted July 29th, 2024 in news, powers of attorney, statistics by sally

‘There was a 28% surge in the number of applications for lasting powers of attorney (LPAs) last year, but the Office of the Public Guardian (OPG) still managed to reduce its backlog.’

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Legal Futures, 29th July 2024

Source: www.legalfutures.co.uk

Slapping therapist guilty of manslaughter – BBC News

Posted July 29th, 2024 in homicide, juries, medical treatment, medicines, news by sally

‘An alternative healer has been found guilty of gross negligence manslaughter following the death of a woman at one of his workshops.’

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BBC News, 26th July 2024

Source: www.bbc.co.uk

A judicial reminder of the hard edges of the treatment regime under the MHA 1983 – Mental Capacity Law and Policy

Posted July 29th, 2024 in bills, Court of Protection, food, medical treatment, mental health, news by sally

‘North Tees and Hartlepool NHS Foundation Trust & Anor v KAG & Ors [2024] EWCOP 38 (T3) is a case confirming the hard-edged nature of s.63 Mental Health Act 1983. It concerned a woman, KAG, who developed severe depression and in consequence was not eating or drinking. For extremely complicated reasons, including potentially crossed wires as to what the Official Solicitor’s position, the case ultimately came before Victoria Butler-Cole KC (sitting as a Deputy Tier 3 judge), who was asked to declare that it was lawful for a PEG to be inserted to provide KAG with clinically assisted nutrition and hydration.’

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Mental Capacity Law and Policy, 27th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Remote licensing hearings – Law Society’s Gazette

Posted July 29th, 2024 in licensing, local government, news, remote hearings by sally

‘On 28 April 2021 (in R (Hertfordshire County Council) v Secretary of State for Housing, Communities and Local Government [2021] EWHC 1093 (Admin)) (Hertfordshire), Dame Victoria Sharp P and Chamberlain J considered whether the reference to a ‘meeting’ in schedule 12 to the Local Government Act 1972 (Meetings and Proceedings of Local Authorities) could include a meeting conducted wholly or partly remotely. The court decided it could not. ‘The question for us,’ they remarked, ‘is not what “meeting” means in the abstract, or in some other context, but what it means in the particular statutory context of schedule 12 to the 1972 act’, which needed to be read as a whole. Schedule 12 (among other things) included obligations to hold the meeting ‘at such place, either within or without their area’ as a principal council, parish council or community council may direct. Consequently, ‘a “place within or without the area” is most naturally interpreted as a reference to a particular geographical location and would not naturally encompass an online location’. And: ‘Attending a meeting at a single specified geographical location would… ordinarily mean physically going to that location.’’

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Law Society's Gazette, 26th July 2024

Source: www.lawgazette.co.uk

The inherent jurisdiction, Article 3 ill-treatment, and the limits of the State’s obligations – Mental Capacity Law and Policy

‘How far can the State be expected to go in seeking to secure the rights of those in challenging situations? A few months after this issue was looked at (albeit slightly curiously) from the perspective of Article 2 ECHR in R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin), Gywnneth Knowles J has looked at it from the perspective of Article 3 ECHR. In Re P (Vulnerable Adult: Withdrawal of Application) [2024] EWHC 1882 (Fam), she was asked to consider the question of whether she should continue to use the powers of the High Court to compel a 29 year old woman to live apart from her father.’

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Mental Capacity Law and Policy, 28th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Drunk driver guilty of killing pedestrian – BBC News

Posted July 29th, 2024 in drunk in charge, homicide, news by sally

‘A drunk driver who knocked down a pedestrian in north London while speeding on the wrong side of the road has been convicted of causing death by dangerous driving.’

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BBC News, 26th July 2024

Source: www.bbc.co.uk

Assisted dying bill introduced in Parliament – BBC News

Posted July 29th, 2024 in assisted suicide, bills, news by sally

‘A bill which would allow terminally ill adults with six months or fewer to live to get medical help to end their own lives has been introduced in the House of Lords, by former Labour Justice Secretary Lord Falconer.’

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BBC News, 26th July 2024

Source: www.bbc.co.uk

Paedophile Anthony Stocks who raped girl and threw boy off 100ft Brighton cliff jailed – The Independent

‘A paedophile who pushed a boy off a 100ft cliff to prevent him from revealing that he was raping a young girl has been jailed.’

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The Independent, 28th July 2024

Source: www.independent.co.uk

Trafficking victims may be able to recover in UK in Home Office U-turn – The Guardian

‘Thousands of trafficking victims at risk of being forcibly removed from the country will now have their right to recover in the UK from the effects of exploitation considered after the Home Office settled a major case.’

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The Guardian, 28th July 2024

Source: www.theguardian.com

Man who killed ‘kind and popular’ barman is jailed – BBC News

Posted July 29th, 2024 in homicide, imprisonment, news, sentencing by sally

‘A man who killed a “popular” barman who had become a father shortly before his death has been jailed.’

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BBC News, 26th July 2024

Source: www.bbc.co.uk

Anurag Deb and Colin Murray: An Unfortunate Legacy: Fixing the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 – UK Constitutional Law Association

‘The Labour Government comes into office seeking to indicate, as a priority, that it is making a break from its predecessors. That much is central to a manifesto simply entitled Change. Prominent within this agenda is an effort to reset relations with the Irish Government and attempt to restore a partnership around Northern Ireland affairs. This relationship, already strained by years of fraught Brexit negotiations, was upended when the Conservative Government pushed through the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (‘the Legacy Act’) in an effort to draw a line under legal actions relating to the conflict in Northern Ireland.’

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UK Constitutional Law Association, 29th July 2024

Source: ukconstitutionallaw.org

Man jailed for murdering lodger and cutting up body – BBC News

Posted July 29th, 2024 in imprisonment, murder, news, perverting the course of justice, sentencing by sally

‘A man has been jailed for a minimum of 19 years for murdering his lodger and scattering his severed body parts in packages and a suitcase.’

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BBC News, 26th July 2024

Source: www.bbc.co.uk

“A Prolonged Period of Dying”: On best interests and miracles: Re XY [2024] EWCOP 37 – Law & Religion UK

Posted July 29th, 2024 in Court of Protection, families, hospitals, Islam, medical treatment, news by sally

‘In Re XY [2024] EWCOP 37 Mr Justice Hayden was called on to consider the best interests of a patient at the end of his life. XY, a 66-year-old man, was admitted to the hospital in December 2023 with pneumonia, and whilst there he suffered a cardiac arrest. Had that happened at home he would likely have died, but the medical staff at the hospital were able to resuscitate him. Over the subsequent days, however, he suffered from significant multi-organ failure and entered a prolonged disorder of consciousness.’

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Law & Religion UK, 29th July 2024

Source: lawandreligionuk.com

Fears for father still in jail 19 years after laptop robbery under ‘scandalous’ IPP sentence – The Independent

Posted July 29th, 2024 in criminal justice, imprisonment, Ministry of Justice, news, sentencing by sally

‘A father trapped under an indefinite jail term for a laptop robbery almost 20 years ago still has no release date after he was recalled to prison for missing a hospital appointment.’

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The Independent, 28th July 2024

Source: www.independent.co.uk

High Court injunction bans protesters from M25 – BBC News

‘A High Court order aiming to prevent protesters from disrupting the M25 has been extended.’

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BBC News, 26th July 2024

Source: www.bbc.co.uk