Don’t ignore the Serious Medical Treatment Guidance – but let’s be clear about what the law requires – Medical Capacity Law and Policy

‘This is a post co-written by Tor Butler-Cole KC and I, prompted by the decision in GUP v EUP and UCLH NHS Foundation Trust [2024] EWCOP 3, a case in which Hayden J was concerned with a situation of a woman in her late 80s who had sustained a serious stroke and was being cared for in hospital.’

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Mental Capacity Law and Policy, 4th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

UK government AI report confirms decision on protection of copyright works – OUT-LAW.com

‘The UK government’s response to the House of Lords Culture, Media and Sport Committee’s report on AI and the creative industries confirms its position on striking a balance between encouraging AI innovation and protecting copyright works, an expert has said.’

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OUT-LAW.com, 19th January 2024

Source: www.pinsentmasons.com

UK Pensions Regulator’s new code of practice offers more flexibility for schemes – OUT-LAW.com

Posted January 16th, 2024 in codes of practice, news, pensions, trusts by tracey

‘A new general code of practice issued by the UK Pensions Regulator (TPR) should help improve the operation of pension schemes and manage risk for both members and trustee boards, an expert has said.’

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OUT-LAW.com, 15th January 2024

Source: www.pinsentmasons.com

UK advertising regulators issue update on body image and enhancement review – OUT-LAW.com

Posted January 11th, 2024 in advertising, codes of practice, news, standards by sally

‘Businesses must ensure any advertisements including digital alterations made to body images are not “irresponsible” or “misleading”, an expert has said.’

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OUT-LAW.com, 10th January 2024

Source: www.pinsentmasons.com

GB News: Ofcom rules breached over Don’t Kill Cash campaign – BBC News

Posted December 20th, 2023 in bias, bills, codes of practice, media, news, ombudsmen by sally

‘GB News breached impartiality rules with an episode of The Live Desk, which promoted its branded campaign Don’t Kill Cash, Ofcom has said.’

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BBC News, 19th December 2023

Source: www.bbc.co.uk

Artificial Intelligence (AI) – Judicial Guidance – Courts and Tribunals Judiciary

Posted December 15th, 2023 in artificial intelligence, codes of practice, consultations, judges, judiciary, news by tracey

‘The use of Artificial Intelligence (“AI”) throughout society continues to increase, and so does its relevance to the court and tribunal system. All judicial office holders must be alive to the potential risks. Of particular importance, as the guidance document emphasises, is the need to be aware that the public versions of these tools are open in nature and therefore that no private or confidential information should be entered into them.’

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Courts and Tribunals Judiciary, 12th December 2023

Source: www.judiciary.uk

Bar Council to step up support for chambers – Legal Futures

Posted November 22nd, 2023 in barristers, codes of practice, news by sally

‘The Bar Council is to produce a set of template policies for chambers and may even set up a jobs board, it has emerged.’

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Legal Futures, 22nd November 2023

Source: www.legalfutures.co.uk

Ofcom provides detail on Online Safety Act ‘illegal harms’ regime – OUT-LAW.com

Posted November 17th, 2023 in children, codes of practice, internet, news by tracey

‘Online content platforms operating in the UK should study recent publications issued by Ofcom to get a better handle on how the Online Safety Act will apply to them, and what they can do to meet the new legal requirements around addressing illegal content.’

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OUT-LAW.com, 16th November 2023

Source: www.pinsentmasons.com

The HCPC’s New Standards – Mountford Chambers

Posted November 16th, 2023 in chambers articles, codes of practice, health, news, ombudsmen by sally

‘Anthony James looks at the Health and Care Professions Council’s new standards of proficiency for each of the 15 professions it regulates, which came into force on 1 September 2023.’

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Mountford Chambers, 3rd October 2023

Source: www.mountfordchambers.com

Remand decision-making: Justice report reveals disparities in outcome for non-white defendants – Law Society’s Gazette

Posted November 10th, 2023 in bail, codes of practice, imprisonment, magistrates, news, prisons, remand, statistics by tracey

‘Magistrates are regularly not following the law when jailing people awaiting trial, according to a report being published by legal thinktank Justice today.’

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Law Society's Gazette, 9th November 2023

Source: www.lawgazette.co.uk

Domestic-abuse victims fear deportation if they go to police – BBC News

‘Every police force in England and Wales has reported migrants who are domestic-abuse victims to Immigration Enforcement, new data suggests.’

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BBC News, 9th November 2023

Source: www.bbc.co.uk

First Online Safety Act guidance for tech platforms targets grooming – BBC News

Posted November 9th, 2023 in child abuse, children, codes of practice, internet, news, ombudsmen, sexual offences by sally

‘Social media platforms should fight online grooming by not suggesting children as “friends” by default, the communications watchdog says.’

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BBC News, 8th November 2023

Source: www.bbc.co.uk

Family President issues revised practice guidance on approach of court to unregistered placements – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has published updated guidance on the Court’s approach to unregistered placements for children and young people.’

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Local Government Lawyer, 12th October 2023

Source: www.localgovernmentlawyer.co.uk

Watchdog updates technical guidance for schools regarding pupils with protected characteristics – Local Government Lawyer

‘The Equality and Human Rights Commission (EHRC) has updated its technical guidance for schools in England and Scotland, outlining the obligations the Equality Act places upon schools regarding pupils with protected characteristics and the provision of their education.’

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Local Government Lawyer, 26th September 2023

Source: www.localgovernmentlawyer.co.uk

Brain stem death, an explainer of the law in England & Wales, and a question of consent – Mental Capacity Law and Policy

Posted September 26th, 2023 in children, codes of practice, consent, medical treatment, news by sally

‘The case of Andy Casey sheds light again on the difficult question of diagnosing death by neurological criteria (“DNC”), and the wider question of what, in fact, it means to be dead. For those who want to know more about it, this explainer by my colleagues Victoria Butler-Cole KC and Ben Tankel is helpful; my review of the recent book on the medico-legal development of neurological death in the UK by Dr Kartina Choong may also be helpful. And some may want to see the 2008 Code of Practice for the Diagnosis and Confirmation of Death by the Academy of Medical Royal Colleges, as well as the 2015 RCPCH Code relating to those under 2 months old (both currently under review).’

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Mental Capacity Law and Policy, 25th September 2023

Source: www.mentalcapacitylawandpolicy.org.uk

BSB publishes new guidance on barristers’ conduct in non-professional life and on social media – Bar Standards Board

Posted September 22nd, 2023 in barristers, codes of practice, consultations, internet, news, professional conduct by tracey

‘Following the conclusion of the Bar Standards Board’s (BSB) consultation on conduct in non-professional life, the BSB Board has approved new guidance which we are publishing today. The guidance includes revised Social Media Guidance, new Guidance on the Regulation of Non-Professional Conduct, the BSB’s response to the consultation and revisions to BSB Handbook guidance.’

Full guidance

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Bar Standards Board, 20th September 2023

Source: www.barstandardsboard.org.uk

UK regulator clarifies ‘may contain’ food allergen labelling requirements – OUT-LAW.com

Posted September 11th, 2023 in codes of practice, food, labelling, news by tracey

‘The UK’s Food Standards Agency (FSA) has updated its guidance on food allergen labelling and information requirements, providing important clarifications over the use of the so-called “may contain” label by food producers and retailers.’

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OUT-LAW.com, 8th September 2023

Source: www.pinsentmasons.com

Law firm culture key to ethical practice, says Law Society president – Legal Futures

Posted September 6th, 2023 in codes of practice, law firms, Law Society, news, solicitors by sally

‘Law firm cultures where solicitors are able to admit and learn from mistakes are central to ensuring adherence to professional ethics, the president of the Law Society said yesterday.’

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Legal Futures, 6th September 2023

Source: www.legalfutures.co.uk

Strike action ‘minimum services’ code in Britain drafted – OUT-LAW.com

‘Businesses affected by strike action in Britain this year have an opportunity to help the government find a way to ensure services in six important areas impacting the economy continue to be delivered while such action is underway.’

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OUT-LAW.com, 5th September 2023

Source: www.pinsentmasons.com

Strengthened immunity protection proposed in Arbitration Act reform – Law Society’s Gazette

‘Arbitrators’ common law duty to disclose any reason for doubts as to their impartiality could be codified under proposals from the Law Commission of England and Wales today. The recommendation is among proposed updates to the Arbitration Act 1996 which the independent reform body has published along with draft legislation.’

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Law Society's Gazette, 6th September 2023

Source: www.lawgazette.co.uk