Leicester illegal circumcision doctor guilty of misconduct – BBC News

‘A psychiatrist who circumcised 41 boys at a “non-sterile” clinic in a terraced house has been found guilty of misconduct. Dr Hassan Abdulla was not registered with the Care Quality Commission (CQC) when he operated at the Al-Khalill Clinic in Leicester.’

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BBC News, 11th September 2014

Source: www.bbc.co.uk

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NHS Trust 1 and another v FG – WLR Daily

Posted September 9th, 2014 in consent, Court of Protection, health, law reports, medical treatment, mental health by sally

NHS Trust 1 and another v FG [2014] EWCOP 30; [2014] WLR (D) 384

‘Where a person lacked capacity to consent to proposed obstetric treatment, an NHS trust should make an application to the court: (1) where medical intervention proposed in the delivery of a baby amounted to serious medical treatment; (2) where there was a real risk of possible use of more than transient forcible restraint; (3) where there was a serious dispute as to what obstetric care was in the person’s best interests; and (4) where the proposed obstetric care and/or the proposed measures used to facilitate it would amount to a deprivation of liberty. That guidance was not intended to restrict the cases where trusts made an application to the court to only those cases which fell within those categories; it had always to remain open to trusts to make an application to the court if the individual circumstances of the case justified it.’

WLR Daily, 28th August 2014

Source: www.iclr.co.uk

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A practical approach to advising vulnerable clients – The Future of Law

‘A vulnerable person is anyone aged 18 and over who needs assistance because of mental or other disability, age or illness, is unable to take care of him or herself and is unable to protect themselves against significant harm or exploitation.’

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The Future of Law, 5th September 2014

Source: www.blogs.lexisnexis.co.uk

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Mother who kept her daughter off school over cancer fears cleared by court – Daily Telegraph

Posted September 8th, 2014 in cancer, fines, health, local government, news, school children, truancy by sally

‘Kerry Capper dragged through the legal process after keeping her daughter at home fearing her cancer had returned.’

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Daily Telegraph, 5th September 2014

Source: www.telegraph.co.uk

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NHS heart expert and three colleagues jailed for £1m fraud – Daily Telegraph

Posted September 4th, 2014 in company directors, conspiracy, disqualification, fraud, health, news, sentencing by sally

‘John Mulholland who has an international reputation and is published widely in academic journals, billed the NHS £1.1 million for work that was never done.’

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Daily Telegraph, 3rd September 2014

Source: www.telegraph.co.uk

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New hospital food rules introduced – BBC News

Posted August 29th, 2014 in food, health, hospitals, news by tracey

‘Hospitals in England will be expected to provide a higher standard of food under new measures being announced by the health secretary.’

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BBC News, 29th August 2014

Source: www.bbc.co.uk

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Abolishing prison sentences for drug users: sensible or a step too far? – Halsbury’s Law Exchange

Posted August 12th, 2014 in drug abuse, health, imprisonment, news, rehabilitation, sentencing by sally

‘Nick Clegg announced last week that a pledge to abolish prison sentences for the possession of drugs for personal use will form part of the Liberal Democrat’s manifesto for the next election. The manifesto commitment would include a promise to move the drug policy lead from the Home Office to the Department of Health, and would seek to divert users into treatment for their addiction, community sentences, or to civil penalties that do not attract a criminal record. The plans would even extend to the possession of Class A substances such as heroin and crack cocaine. This is a controversial proposal, but does it have merit?’

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Halsbury’s Law Exchange, 11th August 2014

Source: www.halsburyslawexchange.co.uk

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Exclusive: Heroin addicts to be given free foil to help them kick their habit – The Independent

Posted August 8th, 2014 in drug abuse, health, news, rehabilitation by sally

‘Heroin addicts are to be given free foil – to heat up the drug – in an effort to help them kick the habit and cut the risk of contracting disease, the Government will announce tomorrow.’

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The Independent, 7th August 2014

Source: www.independent.uk

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Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) – Supreme Court

Posted August 1st, 2014 in EC law, health, law reports, public procurement, Scotland, tenders by sally

Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) [2014] UKSC 49 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

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Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service – WLR Daily

Posted August 1st, 2014 in EC law, health, law reports, news, public procurement, Scotland, tenders by sally

Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service [2014] UKSC 49; [2014] WLR (D) 351

‘On a challenge by an unsuccessful tenderer for a public contract, the question whether the published criteria for the award of the contract had been sufficiently clear was to be determined by the court applying an objective legal standard by reference to a reasonably well informed and diligent tenderer and did not depend on the evidence of witnesses as to how they had understood the document.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

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Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) – WLR Daily

Posted July 31st, 2014 in health, housing, law reports, local government by michael

Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) [2014] EWHC 2647 (Admin);  [2014] WLR (D)  347

‘When considering the provision of accommodation under section 3(1) of the National Health Service Act 2006 it would usually be difficult to say, absent special circumstances, that a clinical commissioning group had acted lawfully or irrationally in deciding that the accommodation needs of an individual could and should be met through other avenues involving means-tested state provision, and not out of its own NHS budget.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

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Ahmad v Secretary of State for the Home Department (AIRE Centre intervening) – WLR Daily

Ahmad v Secretary of State for the Home Department (AIRE Centre intervening); [2014] EWCA Civ 988; [2014] WLR (D) 318

‘The conditions in article 7(1) of Parliament and Council Directive 2004/38/EC, as implemented by the Immigration (European Economic Area) Regulations 2006, were to be strictly interpreted on the basis that the right to a permanent residence card was a privilege which was not conferred unless there was strict and literal compliance with the conditions therein. They were not to be interpreted under European Union law in a dynamic way such that it was enough if they were substantially or functionally fulfilled.’

WLR Daily, 16th July 2014

Source: www.iclr.co.uk

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Regina (Flatley) v Hywel Dda University Local Health Board; Regina (Flatley) v Welsh Ministers; Regina (Dinghy) v Welsh Ministers – WLR Daily

Regina (Flatley) v Hywel Dda University Local Health Board;  Regina (Flatley) v Welsh Ministers; Regina (Dinghy) v Welsh Ministers; [2014] EWHC 2258 (Admin); [2014] WLR (D) 311

‘The function of the minister following a referral by a community health council under regulation 27(9) of the Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010 was to reach a final decision on a proposal put forward by a local health board. That function was directed at the outcome, there was no requirement for the minister to review the process, including any consultation, leading to the proposal, although the minister had a discretion to consider the circumstances of the process in reaching a decision on the proposal overall.’

WLR Daily, 10th July 2014

Source: www.iclr.co.uk

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Judge dismisses legal challenge over Hywel Dda’s NHS shake-up plans – BBC News

Posted July 11th, 2014 in health, hospitals, judicial review, news, Wales by sally

‘Campaigners against planned changes to hospital services in west Wales have lost three High Court judicial reviews into the legality of the shake-up.’

Full story

BBC News, 10th July 2014

Source: www.bbc.co.uk

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Hertfordshire placenta smoothies firm ban over ‘health risk’ – BBC News

Posted May 16th, 2014 in food, health, human tissue, news by sally

‘A company cannot process raw placentas for new mothers to eat, after a judge ruled it posed a “health risk”.’

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BBC News, 16th May 2014

Source: www.bbc.co.uk

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Public Engagement and Commercial Confidentiality – Oil and Water? – Hardwicke Chambers

‘CCGs may face pressure to disclose information about commissioning in at least four ways. From:

Their duties to involve the public in “planning of the commissioning arrangements by the group” (s14 Z2 National Health Service Act 2006).
Their duties to involve individual patients in “their care or treatment” (s14U National Health Service Act 2006).
Applications to provide information under the Freedom of Information Act 2000.
Applications for disclosure, as part of litigation brought by failed tenderers following procurement exercises.’

Full story

Hardwicke Chambers, 10th April 2014

Source: www.hardwicke.co.uk

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The Nanny State – legislating on health and morality – Halsbury’s Law Exchange

Posted May 1st, 2014 in crime, health, human rights, news, public interest by sally

‘“The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant… Over his own body and mind, the individual is sovereign.”

The above principle laid down by John Stuart Mill is a cornerstone of liberal political and jurisprudential thought. Mill argued that, provided you cause no harm to others, you should be free to do what you like with your own body and life. This is what the right to personal autonomy and self-determination means; and it is a right which is being steadily, and quietly, eroded. If liberty, as Mill said, consists in the freedom to do everything which injures no one else, then we are already not free – and if the current trend of legislating on public health and morals continues the residual liberty we do enjoy will be diminished.’

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Halsbury’s Law Exchange, 30th April 2014

Source: www.halsburyslawexchange.co.uk

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What is Crime?: The Limits Of Criminalisation Conference – Speech by Senior Presiding Judge, Lord Justice Gross

Posted April 29th, 2014 in crime, drug abuse, health, judges, news, speeches, terrorism by sally

What is Crime?: The Limits Of Criminalisation Conference (PDF)

Speech by Senior Presiding Judge, Lord Justice Gross

Judiciary of England and Wales, 31st March 2014

Source: www.judiciary.gov.uk

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Not unlawful to refuse egg freezing therapy for Crohn’s sufferer – UK Human Rights Blog

‘There are times when individual need comes up against the inflexible principles of the law and the outcome seems unjustifiably harsh. This is just such a case – where a relatively modest claim based on individual clinical need was refused with no breach of public law principles. As it happens, since the Court rejected her case, the the young woman concerned has been offered private support for the therapy she was seeking. The case is nevertheless an interesting illustration of the sometimes difficult “fit” between principles of public law and the policy decisions behind the allocation of NHS resources.’

Full story

UK Human Rights Blog, 18th April 2014

Source: www.ukhumanrightsblog.com

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Crohn’s patient Lizzie Rose loses egg-freezing case – BBC News

Posted April 16th, 2014 in assisted reproduction, health, human tissue, judicial review, news by tracey

‘A woman with Crohn’s disease has lost a legal challenge against a decision to refuse NHS funding to freeze her eggs.’

Full story

BBC News, 15th April 2014

Source: www.bbc.co.uk

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