Recognising the legal landscape of informed consent – The GMC’s new guidance on Consent 2020 – Parklane Plowden Chambers

‘The landscape of informed consent in the doctor-patient relationship was fundamentally re-developed in 2015 when the Supreme Court drove a bulldozer through the Bolam principle replacing it with a new patient focused view designed on “materiality“ in Montgomery v Lanarkshire Health Board [ 2015 ] UKSC 11. The General Medical Council acted as an intervener in Montgomery case.’

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Parklane Plowden Chambers, 14th October 2020

Source: www.parklaneplowden.co.uk

Possession Proceedings: Where are they now? – Tanfield Chambers

‘When the stay on possession proceedings first came into force on 27 March 2020, it appeared to be a straight-forward (albeit blunt) tool to help the Courts manage the effects of the Coronavirus.’

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Tanfield Chambers, 5th October 2020

Source: www.tanfieldchambers.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 23rd, 2020 in legislation by tracey

The Social Security (Coronavirus) (Prisoners) Amendment Regulations 2020

The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium, High and Very High) (England) (Amendment) Regulations 2020

The National Health Service (Charges to Overseas Visitors) (Amendment) (No.3) Regulations 2020

The Pollution Prevention and Control (Designation of Directives) (Offshore) Order 2020

The British Nationality (General) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 23rd, 2020 in law reports by tracey

Supreme Court

Pathan, R (on the application of) v Secretary of State for the Home Department [2020] UKSC 41 (23 October 2020)

Court of Appeal (Civil Division)

Haley v Haley [2020] EWCA Civ 1369 (23 October 2020)

Hoque & Ors v The Secretary of State for the Home Department [2020] EWCA Civ 1357 (22 October 2020)

Court of Appeal (Criminal Division)

Hollings v R. [2020] EWCA Crim 1363 (23 October 2020)

High Court (Administrative Court)

Waghorn (Per Pro CPR Ablations PLC) v Director of Public Prosecutions & Ors [2020] EWHC 2781 (Admin) (23 October 2020)

Skelton, R (On the Application Of) v Senior Coroner For West Sussex [2020] EWHC 2813 (Admin) (23 October 2020)

CC, R (On the Application Of) v HM Treasury & Anor [2020] EWHC 2817 (Admin) (23 October 2020)

High Court (Chancery Division)

Tibbs v Tibbs & Anor [2020] EWHC 2769 (Ch) (22 October 2020)

L & N D Development and Design Ltd [2020] EWHC 2803 (Ch) (22 October 2020)

Ganoun v Joshi & Anor [2020] EWHC 2743 (Ch) (21 October 2020)

High Court (Patents Court)

AMGEN Inc v Sanofi-Aventis Groupe S.A. & Ors [2020] EWHC 2818 (Pat) (22 October 2020)

Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2020] EWHC 2746 (Pat) (16 October 2020)

High Court (Queen’s Bench Division)

Jamous v Mercouris [2020] EWHC 2814 (QB) (23 October 2020)

Sarayiah v University of Durham & Ors [2020] EWHC 2792 (QB) (23 October 2020)

Source: www.bailii.org

Free School Meals and Governmental Responsibility — Dr Kirsteen Shields – UK Human Rights Blog

‘Questions around government responsibility for food systems, churning away during the Brexit debates, long ignored, sometimes derided, are meeting stark realities in the coronavirus pandemic. This week we are back to free school meals (FSM).’

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UK Human Rights Blog, 22nd October 2020

Source: ukhumanrightsblog.com

Court of Protection Newsletter #20 – Spire Barristers

Posted October 23rd, 2020 in chambers articles, Court of Protection, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 8th October 2020

Source: spirebarristers.co.uk

Overarching principles: Sentencing offenders with mental disorders, developmental disorders, or neurological impairments – St Philips Barristers

‘The Sentencing Council’s guideline for sentencing offenders with mental disorders, developmental disorders, or neurological impairments came into force on 1 October 2020. The guideline applies only to offenders aged 18 and older, who are sentenced on or after 1 October 2020, regardless of the date of the offence. The applicable guideline for offenders under the age of 18 remains the Sentencing Children and Young People guideline, particularly section 11.1 to 1.14.’

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St Philips Barristers, 7th October 2020

Source: st-philips.com

Ombudsman criticises council for leaving visually impaired man without support to access the community – Local Government Lawyer

Posted October 23rd, 2020 in carers, disabled persons, local government, mental health, news, ombudsmen by sally

‘A visually impaired man did not have the help he needed for 14 months after Westminster City Council reduced his support package, the Local Government and Social Care Ombudsman has said.’

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Local Government Lawyer, 22nd October 2020

Source: www.localgovernmentlawyer.co.uk

Viagogo may have to sell all or part of StubHub, regulator says – BBC News

Posted October 23rd, 2020 in competition, fees, mergers, news, ombudsmen by sally

‘Ticketing site Viagogo may need to sell all or part of StubHub after an investigation by the UK’s competition watchdog found the merger of the two firms could lead to higher fees.’

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BBC News, 22nd October 2020

Source: www.bbc.co.uk

South Wales police defend use of Taser on pregnant woman – The Guardian

Posted October 23rd, 2020 in assault, firearms, news, police, pregnancy by sally

‘A police force has defended the use of a Taser by one of its officers on a pregnant woman who lost her baby after the stun gun was fired at her.’

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The Guardian, 21st October 2020

Source: www.theguardian.com

What Should Reparations For Slavery Look Like? – Each Other

‘The debate around reparations for colonialism and slavery has often been an explosive one. It is often dismissed as far removed from reality, relating to events in the distant past. But the legacy and consequences of colonialism are material, living, and breathing – which makes debates around colonial restitution as relevant now as they have ever been, argues Nadine Batchelor-Hunt.’

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Each Other, 22nd October 2020

Source: eachother.org.uk

Burglar who murdered Godstone pensioner Dennis Kellond jailed – BBC News

Posted October 23rd, 2020 in burglary, imprisonment, murder, news, sentencing by sally

‘A burglar has been jailed for 32 years for murdering a pensioner in his home.’

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BBC News, 22nd October 2020

Source: www.bbc.co.uk

Female lawyers anxious over disproportionate impact of Covid – Legal Futures

‘Almost a quarter of women in the profession have not seen their incomes return to pre-Covid levels with one in five still on less than their previous working hours, a survey has found.’

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Legal Futures, 23rd October 2020

Source: www.legalfutures.co.uk

Rape prosecutions and convictions dropped by half early in UK pandemic – The Guardian

‘Prosecutions for crimes against women and girls in England and Wales plummeted in the first three months of the coronavirus pandemic, reflecting a backlog in the court system exacerbated by the UK-wide shutdown and subsequent social distancing measures.’

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The Guardian, 22nd October 2020

Source: www.theguardian.com

Marian Clode: Woman’s cattle death ruled accidental – BBC News

Posted October 23rd, 2020 in accidents, animals, inquests, news by sally

‘A woman died after a cow charged at her and flipped her over a fence, an inquest has heard.’

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BBC News, 22nd October 2020

Source: www.bbc.co.uk