Category: consent

The ‘reasonable citizen’ — Sergei Skripal – UK Human Rights Blog

Posted March 27th, 2018 in blood products, chemical weapons, consent, Court of Protection, health, human rights, news, public interest by sally

‘In Secretary of State for the Home Department v Sergei Skripal [2018] EWCOP 6, Mr Justice Williams made a best interests decision that blood samples could be taken by the Organisation for the Prohibition of Chemical Weapons from Sergei and Yulia Skirpal in order that the Organisation for the Prohibition of Chemical Weapons (OCPW) could undertake their own analysis to find evidence of possible nerve agents. Both Sergei and Yulia were and remain unconscious and in a critical condition, and were unable to consent to such blood samples being taken.’

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UK Human Rights Blog, 26th March 2018

Source: ukhumanrightsblog.com

High Court throws 100% success fee model for low-value PI claims into doubt – Litigation Futures

Posted March 26th, 2018 in consent, fees, news, personal injuries by sally

‘The High Court has thrown the industry-standard model for handling low-value personal injury claims into doubt after ruling that solicitors still need to undertake individual risk assessments before setting the success fee – rather than just applying 100% across the board.’

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Litigation Futures, 26th March 2018

Source: www.litigationfutures.com

UK parties poised to gain data powers to work out how people are likely to vote, despite the Cambridge Analytica scandal – The Indepndent

Posted March 23rd, 2018 in bills, consent, data protection, news, political parties, privacy by sally

‘Britain’s political parties are poised to grant themselves special powers to use personal data to find out how people are likely to vote, despite the Cambridge Analytica scandal, The Independent can reveal.’

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The Indepndent, 23rd March 2018

Source: www.independent.co.uk

Alfie Evans: Supreme Court rejects life support appeal – BBC News

Posted March 21st, 2018 in appeals, children, consent, medical treatment, news, Supreme Court by sally

‘The parents of terminally ill Alfie Evans have been refused permission to appeal to the Supreme Court over a decision to withdraw his life support.’

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BBC News, 20th March 2018

Source: www.bbc.co.uk

Deprivation of liberty and administration of medication by a local authority to a child – Zenith Chambers

Posted March 16th, 2018 in care orders, children, consent, deprivation of liberty safeguards, local government, medical treatment, news by sally

‘Local Government analysis: Louise McCallum, barrister, and Emily Ross, pupil barrister, both of Zenith Chambers, Leeds, consider the case of T (A Child: Care Order: Beyond Parental Control: Deprivation of Liberty: Authority to Administer Medication), which dealt with issues of deprivation of liberty and administration of medication by a local authority to a child.’

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Zenith Chambers, 1st March 2018

Source: www.zenithchambers.co.uk

Daughter ordered to take DNA test to prove she has an interest in her late father’s estate – Family Law

Posted March 13th, 2018 in consent, DNA, families, jurisdiction, news, paternity, wills by sally

‘Colin Birtles died without a will in 2013. He was survived by his two daughters, Lorraine Freeman and Janice Nield-Moir. Unbeknown to her elder sister, Mrs Freeman successfully applied for letters of administration to enable her to manage and distribute his estate, amounting to his terraced house in Oldham and a small amount of cash. According to the rules of intestacy, Mr Birtles estate should be divided equally between the two sisters.’

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Family Law, 9th March 2018

Source: www.familylaw.co.uk

Parental consent to medical treatment – Family Law

Posted March 13th, 2018 in consent, medical treatment, news, parental rights, reports, vaccination by sally

‘Last month the Government published a report on how it makes decisions about which vaccines to fund. For a long time, charities and campaigners have been lobbying for this report to be published. It also follows calls for greater transparency about why a vaccine to protect children against Meningitis B was not made more widely available and an 820,000 signature petition calling for all children to be vaccinated following the death of 2-year-old Faye Burdett in 2016, who was not offered the vaccine because she was ‘too old’.’

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Family Law, 9th March 2018

Source: www.familylaw.co.uk

One bad reason need not cancel out withholding of consent – OUT-LAW.com

Posted March 8th, 2018 in appeals, consent, landlord & tenant, leases, news, reasons by sally

‘A landlord which withholds its consent to a lease assignment will not necessarily be doing so unreasonably where it has multiple reasons for doing so, and only one of those reasons is itself unreasonable.’

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OUT-LAW.com, 7th March 2018

Source: www.out-law.com

Appeal court upholds ruling on Alfie Evans life support – The Guardian

Posted March 7th, 2018 in appeals, children, consent, medical treatment, news by sally

‘The parents of a seriously ill 21-month-old boy have lost the latest stage of a legal fight to keep him on life support.’

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The Guardian, 6th March 2018

Source: www.theguardian.com

European court rejects appeal in Isaiah Haastrup life support case – The Guardian

Posted March 7th, 2018 in appeals, birth, children, consent, human rights, medical treatment, news by sally

‘An 11th-hour appeal to European court judges by the father of the profoundly brain-damaged baby Isaiah Haastrup to try to prevent doctors from withdrawing his son’s life-sustaining treatment has failed.’

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The Guardian, 6th March 2018

Source: www.theguardian.com

Organ donation consent law change could ‘undermine’ public trust, ethics experts warn – Daily Telegraph

Posted February 26th, 2018 in consent, news, organ transplants by sally

‘Medical ethics experts have called for caution as a proposed change to organ donation laws in England, which would make everyone a donor unless the explicitly register an objection, made the first step to becoming law today.’

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Daily Telegraph, 23rd February 2018

Source: www.independent.co.uk

Court to hear case of banker kept alive against family’s wishes – The Guardian

Posted February 26th, 2018 in consent, families, hospitals, medical treatment, news, Supreme Court by sally

‘The case of an investment banker who suffered severe brain damage following a heart attack will be heard by the supreme court on Monday in a test of whether judges need to authorise the withdrawal of life support treatment.’

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The Guardian, 25th February 2018

Source: www.theguardian.com

Parents lose legal fight to keep Liverpool toddler on life support – The Guardian

Posted February 21st, 2018 in children, consent, medical treatment, news by sally

‘The parents of a seriously ill 20-month-old boy have lost a legal fight to keep their son alive after a judge ruled that further treatment would harm his “future dignity”.’

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The Guardian, 20th February 2018

Source: www.theguardian.com

Isaiah Haastrup father to appeal over decision to end life support – The Guardian

Posted February 7th, 2018 in appeals, birth, children, consent, medical treatment, news by sally

‘The father of a boy with brain damage is preparing an appeal against a high court ruling allowing doctors to stop providing life support for his 11-month-old son.’

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The Guardian, 6th February 2018

Source: www.theguardian.com

Stay silent during rape and attackers may assume consent, warns DPP – The Guardian

Posted January 23rd, 2018 in consent, Crown Prosecution Service, evidence, news, noise, prosecutions, rape by sally

‘Rape victims have been warned by the director of public prosecutions that if they stayed silent during the assault their attackers may have assumed consent was given and therefore could escape being charged.’

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The Guardian, 22nd January 2018

Source: www.theguardian.com

Law Society urges end to enforced medical treatment of vulnerable people – The Guardian

Posted January 22nd, 2018 in children, consent, disabled persons, human rights, Law Society, learning difficulties, medical treatment, mental health, news by sally

‘Vulnerable people sectioned under the Mental Health Act are being subjected to medical treatment without consent and are not protected by effective legal safeguards, the Law Society has warned.’

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The Guardian, 22nd January 2018

Source: www.theguardian.com

Attorney General to review ‘lenient’ sentence after two men spared jail for having sex with 14-year-old girls – The Independent

Posted January 5th, 2018 in attorney general, children, consent, news, sentencing, sexual offences by sally

‘The Attorney General is to review an “unduly lenient” sentence after two men avoided jail despite having sex with two underage girls.’

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The Independent, 4th January 2018

Source: www.independent.co.uk

Law of Medicine and the Individual: current issues – Lecture by Lady Justice Arden

Posted December 11th, 2017 in assisted suicide, consent, foreign jurisdictions, human rights, lectures, medical ethics, medical treatment, negligence by sally

Law of Medicine and the Individual: current issues (PDF)

Lecture by Lady Justice Arden

Justice KT Desai Memorial Lecture, October 2017

Source: www.judiciary.gov.uk

Judicial Authorisation of Deprivation of Liberty – 39 Essex Chambers

Posted December 8th, 2017 in care orders, consent, deprivation of liberty safeguards, judiciary, news, young persons by sally

‘A procedure has been established by the courts to enable the authorisation of the deprivation of liberty of an individual over the age of 16 who lacks capacity to consent to their confinement. This procedure, usually called the Re X procedure after the decision of Re X and others (Deprivation of Liberty) [2014] EWCOP 25 (and No 2 [2014] EWCOP 37), can be used in any setting where the DOLS authorisation procedure in Schedule A1 to the MCA 2005 cannot be used, and also where the person is between the age of 16 and 18.’

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39 Essex Chambers, December 2017

Source: www.39essex.com

Mental Capacity Guidance Note: A Brief Guide to Carrying out Capacity Assessments – 39 Essex Chambers

Posted November 24th, 2017 in consent, Court of Protection, mental health, news by sally

‘The purpose of this document is to provide for social workers and those working in front-line clinical settings a brief overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’

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39 Essex Chambers, 17th November 2017

Source: www.39essex.com