Barnsley hospital stoma patient’s right to die – BBC News
‘A judge is considering whether a man with a history of bowel problems should be allowed to die because he does not want to live with a stoma.’
BBC News, 2nd June 2020
Source: www.bbc.co.uk
Category: consent
1COR Quarterly Medical Law Review – Spring 2020 – Issue 5 – 1 Crown Office Row
Posted May 29th, 2020 in causation, consent, costs, Court of Protection, disciplinary procedures, gender, inquests, medical records, medical treatment, news, paternity, surrogacy, transgender persons, vicarious liability by sally
‘Welcome to the fifth issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row.’
1 Crown Office Row, 15th May 2020
Source: www.1cor.com
Max and Keira’s Law: Mum ‘blown away’ by organ transplant legacy – BBC News
‘The mother of a girl who helped inspire a new law making all adults in England potential organ donors has said she is “blown away” by her daughter’s legacy.’
BBC News, 20th May 2020
Source: www.bbc.co.uk
Scott v LGBT Foundation Ltd: When Dealing with Personal Information Falls Outside the Data Protection Regime – The 36 Group
Posted May 11th, 2020 in chambers articles, charities, confidentiality, consent, data protection, disclosure, doctors, human rights, mental health, news, privacy by sally
‘In Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) the High Court held that “a verbal disclosure does not constitute the processing of personal data” under the Data Protection Act 1998 (“DPA 1998”).’
The 36 Group, 5th May 2020
Source: 36group.co.uk
Informed Consent: Where Are We Now – Ropewalk Chambers
Posted May 6th, 2020 in appeals, chambers articles, consent, doctors, medical treatment, negligence, news, personal injuries, Supreme Court by sally
‘In Montgomery -v- Lanarkshire Health Board [2015] 1 AC 1430; [2015] UKSC 15, the Supreme Court held:
“The doctor is therefore under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments. The test of materiality is whether, in the circumstances of the particular case, a reasonable person in the patient’s position would likely to attach significance to the risk, or the doctor is or should reasonably be aware that the particular patient would be likely to attach significance to it.”‘
Ropewalk Chambers, 30th April 2020
Source: www.ropewalk.co.uk
Vaccination of Children in Care – St Philips Chambers
Posted April 23rd, 2020 in care orders, chambers articles, children, consent, duty of care, families, local government, medical treatment, news, parental rights, vaccination by sally
‘In the coming weeks and months, we are likely to be hearing more and more about a vaccine against coronavirus, and possible pressure and expectations to relax the regulations and timescales around trialling it. Parents are likely to be asked to consider and consent to a vaccine that they may have reservations about. Of course, we currently live in a country where recommended vaccinations are not mandatory, but require parents’ consent. It is not inconceivable that England & Wales will move to effectively requiring mandatory vaccination in order to access other services such as schools and nurseries. Pause for a minute and think of the implications for local authorities and foster placements.’
St Philips Chambers, 14th April 2020
Source: st-philips.com
Voyeurism (Offences) Act 2019 – One Year On – Mark Cotter QC, 5SAH & Nick Dent, Kingsley Napley – 5SAH
Posted April 20th, 2020 in chambers articles, consent, news, photography, sexual offences, voyeurism by sally
‘It is one year since the Voyeurism (Offences) Act 2019 came into force, which introduced a specific criminal offence to criminalise conduct known as “upskirting.”’
5SAH, 19th April 2020
Source: www.5sah.co.uk
Coronavirus and detention under the Mental Health Act – Doughty Street Chambers
Posted April 1st, 2020 in chambers articles, consent, coronavirus, detention, medical treatment, mental health, news, proportionality, statutory interpretation, time limits, Wales by sally
‘The Coronavirus Act 2020 (CA 2020) has now been passed. However not all the provisions have yet come into force. Many of the provisions (including the amendments to the Mental Health Act 1983 (MHA) and to the Care Act 2014) will come into force on a day appointed by a Minister according to regulations. Once in force, a part of the Act could also be suspended and revived. For further details on this, see our earlier post here.’
Doughty Street Chambers, 30th March 2020
Source: insights.doughtystreet.co.uk
Unimprovable: compensation under section 1 of the Landlord and Tenant Act 1927 – Hardwicke Chambers
Posted April 1st, 2020 in chambers articles, compensation, consent, housing, landlord & tenant, news by sally
‘Some statutory provisions are not as well understood as they should be. Property practitioners are likely to be familiar with section 19 of the Landlord and Tenant Act 1927 (LTA 1927), which implies into qualified covenants against the making of improvements to leasehold premises an obligation on the landlord not to withhold consent to such alterations unreasonably. This provision is not without authorities considering what amounts to unreasonably withholding consent, although admittedly fewer than the extensive canon of case law considering the related issue of consent to assigning or subletting under the Landlord and Tenant Act 1988. By contrast, there has been very little judicial consideration of the circumstances in which a tenant is entitled to compensation from its landlord for improvements carried out at the tenant’s expense.’
Hardwicke Chambers, 31st March 2020
Source: hardwicke.co.uk
When Ignorance is bliss for a protected party – Byrom Street Chambers
Posted March 23rd, 2020 in accidents, chambers articles, compensation, consent, Court of Protection, news, personal injuries by sally
‘Darrel Crilley provides his views on what is becoming known as an EXB Order. For certain clients who lack capacity, whether that lack of capacity arises from a brain injury, psychiatric illness or some synergistic combination of the two, it has been identified that their best interests can be served by them not knowing the quantum and constituent parts of a settlement reached on their behalf.’
Byrom Street Chambers, 9th March 2020
Source: www.byromstreet.com
Sharp rise in NHS claims for lack of informed consent – Litigation Futures
‘Negligence claims against the NHS due to failure to inform patients before they consent to procedures have spiralled up since the Supreme Court’s landmark Montgomery ruling in 2015, a new study has found.’
Litigation Futures, 19th March 2020
Source: www.litigationfutures.com
Judge orders dialysis treatment where refusal by 34-year-old man was manifestation of his mental disorder – Local Government Lawyer
‘A 34-year-old man’s refusal of dialysis was a manifestation of his mental disorder and so he should be ordered to undergo treatment at times when he does not consent to it, a Court of Protection judge has found.’
Local Government Lawyer, 16th March 2020
Source: www.localgovernmentlawyer.co.uk
Information watchdog warns of dangers of school photos and wrongful disclosure of personal data – Local Government Lawyer
Posted March 11th, 2020 in children, codes of practice, consent, data protection, disclosure, news, ombudsmen, privacy, school children by sally
‘The Information Commissioner’s Office has issued two reprimands, or legal warnings, to schools for wrongly disclosing the personal data of children.’
Local Government Lawyer, 11th March 2020
Source: www.localgovernmentlawyer.co.uk
New law on organ donations could save thousands like 12-year-old Max – The Guardian
‘‘Opt-out’ system will bring in a presumption that the deceased consents to transplants.’
The Guardian, 1st March 2020
Source: www.theguardian.com
Judiciary to design new online consent course for family judges – Local Government Lawyer
Posted February 26th, 2020 in consent, domestic violence, families, family courts, judges, judiciary, news, rape, sexual offences by sally
‘The Courts and Tribunals Judiciary is to prepare an online resource for family judges dealing with issues of consent and stereotypes in sexual cases.’
Local Government Lawyer, 24th February 2020
Source: www.localgovernmentlawyer.co.uk
Council overturns allotment change-of-use ban at CoA – Local Government Lawyer
Posted February 21st, 2020 in appeals, appropriation, change of use, consent, documents, interpretation, local government, news by sally
‘The Court of Appeal has overturned a High Court ruling that Kirklees Metropolitan Borough Council must keep an allotment site in use, in a ruling that Lord Justice Lewison called “very strange”.’
Local Government Lawyer, 19th February 2020
Source: www.localgovernmentlawyer.co.uk
Issues of consent in fact-find hearing – Becket Chambers
Posted February 21st, 2020 in chambers articles, children, consent, domestic violence, families, family courts, judges, news, rape, sexual offences by sally
‘In December 2019 Ms. Justice Russell DBE heard an appeal from a fact-finding hearing that took place in private law Children Act proceedings at the Central Family Court in London in the summer of 2019. Her judgement was given in January 2020 and is reported as JH v. MF [2020] EWHC 86 (Fam).’
Becket Chambers, 17th February 2020
Source: becket-chambers.co.uk
Lawyers and women’s rights charities call for family court judge’s cases to be reviewed – Local Government Lawyer
Posted February 21st, 2020 in charities, children, consent, domestic violence, equality, families, family courts, human rights, judges, news, rape, sexual offences, trials, women by sally
‘Over 130 family lawyers and women’s rights groups have called for Judge Tolson’s continuing cases to be reviewed, following Justice Russell’s condemnation of the family court judge’s treatment of an allegation of sexual assault in a child protection fact-finding trial last month.’
Local Government Lawyer, 20th February 2020
Source: www.localgovernmentlawyer.co.uk
Domestic Abuse – Are Outdated Misconceptions Still Prevalent in the Legal System? – Becket Chambers
Posted February 19th, 2020 in chambers articles, children, coercive & controlling behaviour, consent, domestic violence, families, family courts, judges, news, rape, sexual offences by sally
‘This article explores the issue of domestic abuse in the appeal of Re H v F [2020].’
Becket Chambers, 17th February 2020
Source: becket-chambers.co.uk
Sexual assault in the family courts – a practical approach – Parklane Plowden
Posted February 19th, 2020 in appeals, chambers articles, children, consent, domestic violence, families, family courts, news, rape, sexual offences by sally
‘Looking at the issue of consent and considering how these cases should be approached following the decision in H v F [2020] EWHC 86 (fam).’
Parklane Plowden, 18th February 2020
Source: www.parklaneplowden.co.uk
