Immigration Law Update May 2020 – 4 King’s Bench Walk

‘Immigration Law Update with articles from Kate Jones, Tori Adams, Daniel Wand, Ben Haseldine and Jyoti Wood.’

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4 King's Bench Walk, 5th May 2020

Source: www.4kbw.co.uk

Coronavirus Act 2020: Does it permit mandatory vaccinations? – Garden Court Chambers

‘There are multiple human rights and civil liberties implications both globally and domestically arising from the response to COVID-19 and the current crisis. Some of them are very real and concerning. Others are scaremongering and simply not true.’

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Garden Court Chambers, 1st May 2020

Source: www.gardencourtchambers.co.uk

The desire to live: AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 – No. 5 Chambers

‘In AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17, Lord Wilson calls the European Court on Rights out on its claim that in Paposhvili v Belgium [2017] Imm AR 867, it was doing no more than “clarifying” its judgment in N v United Kingdom (2008) 47 EHRR 39 as to the circumstances in which removal or deportation will breach Article 3 of the European Convention on Human Rights. Close readers of the judgment in Paposhvili will be well aware of the numerous points at which the court uses, it is hard to doubt, intentionally, the very same language as is used in N to come to different conclusions.’

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No. 5 Chambers, 29th April 2020

Source: www.no5.com

Informed Consent: Where Are We Now – Ropewalk Chambers

‘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.”‘

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Ropewalk Chambers, 30th April 2020

Source: www.ropewalk.co.uk

UK Supreme Court Relaxes the Test for Establishing a Breach of Article 3 in Medical Removal Cases – Oxford Human Rights Hub

‘On 29 April 2020, the UK Supreme Court handed down its judgment in the case of AM(Zimbabwe) v SSHD [2020] UKSC. This completes the domestic line of authority grappling with the ECtHR’s Grand Chamber’s judgment in Paposhvili v Belgium, which reformulated the applicable test where appellants allege that their proposed removal to a third country would be in breach of Article 3 ECHR as exposing them to inhuman or degrading treatment as a result of the unavailability of medical treatment there.’

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Oxford Human Rights Hub, 3rd May 2020

Source: ohrh.law.ox.ac.uk

New Judgment: AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 – UKSC Blog

‘This appeal related to the UK’s ability to deport a Zimbabwean citizen who, whilst being lawfully resident in the UK, had committed serious crimes. He sought to challenge the decision to deport him on the basis of ECHR, article 3. Being HIV positive, he argued that if deported he would be unable to access the medication he receives in the UK and which prevents his relapse into AIDS.’

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UKSC Blog, 29th April 2020

Source: ukscblog.com

Coronavirus and Clinical Negligence – Coronavirus: Guidance for Lawyers and Businesses

‘Nigel Poole QC considers the question: how will the Coronavirus pandemic affect clinical negligence litigation in England and Wales?’

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Coronavirus: Guidance for Lawyers and Businesses, 30th April 2020

Source: lawinthetimeofcorona.wordpress.com

‘One of the most controversial questions which the law of human rights can generate’: Supreme Court alters approach to Article 3 in medical cases – an extended look – UK Human Rights Blog

‘Unlike some of the rights protected by the European Convention on Human Rights, the prohibition on torture or inhuman or degrading treatment under Article 3 is absolute. There is no question of striking a balance between Article 3 and other considerations: the state simply may not act in a way which would breach this prohibition.’

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UK Human Rights Blog, 29th April 2020

Source: ukhumanrightsblog.com

EP 109: Medical Law Updates with Rajkiran Barhey – Law Pod UK

Posted April 28th, 2020 in medical treatment, news, podcasts by sally

‘In Episode 109, Emma-Louise Fenelon speaks to Kiran Barhey about the most recent edition of the Quarterly Medical Law Review, a new resource for practitioners looking to stay up to date in medical law.’

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Law Pod UK, 28th April 2020

Source: audioboom.com

ABI/ACSO deal aims to keep medicals and rehab going – Litigation Futures

Posted April 28th, 2020 in coronavirus, insurance, medical treatment, news, rehabilitation by sally

‘Insurers, law firms and suppliers have agreed a ‘statement of intent’ to keep non-MedCo medical examinations and rehabilitation going remotely during the Covid-19 crisis.’

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Litigation Futures, 27th April 2020

Source: www.litigationfutures.com

Resuscitation and the value of a disabled person’s life: Triaging and Covid19 – Cloisters

‘What is your life worth? If you get Covid19, what criteria do you want clinicians to apply when triaging your case? Choices on withholding treatment have become starkly real in the Covid19 emergency. Such choices should be made on a basis respecting the dignity of the individual patient and not based on stereotypes relating to age or disability. The emergent guidance is not clear on these issues.’

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Cloisters, 22nd April 2020

Source: www.cloisters.com

Vaccination of Children in Care – St Philips Chambers

‘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.’

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St Philips Chambers, 14th April 2020

Source: st-philips.com

UK ad watchdog bans claims that IV drips can treat coronavirus – The Guardian

‘The advertising watchdog has cracked down on three companies for implying they could provide immune-boosting IV drips that could prevent or treat coronavirus.’

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The Guardian, 22nd April 2020

Source: www.theguardian.com

Government faces legal action over failure to produce guidance on prioritisation of NHS treatment if demand outstrips supply – Local Government Lawyer

‘Disability campaigners have threatened the Secretary of State for Health & Social Care and NHS England with a potential judicial review challenge over the failure to publish guidance on how NHS treatment for COVID-19 will be prioritised if demand outstrips supply.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Lessons from a groundbreaking Skype hearing – Litigation Futures

‘As the success of remote hearings sparks discussion – with many lawyers advocating for further adoption of these options post-coronavirus – retaining an even-handed view is key. Considering what stands to be lost as well as gained, and what steps can be taken to safeguard human connection and nuance, will be crucial.’

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Litigation Futures, 14th April 2020

Source: www.litigationfutures.com

Court of Appeal upholds ruling on vaccination of children in care of local authorities – Local Government Lawyer

‘The Court of Appeal has refused an appeal by parents over whether a local authority can make arrangements for the vaccination of children in its care, in the face of parental opposition, under its statutory powers or whether it is required to seek declaratory relief from the High Court to authorise their actions.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

Bayer v NHS Darlington Appeal – NIPC Law

‘This was an appeal by Bayer Plc and Novartis Pharmaceuticals UK Limited against Mrs Justice Whipple’s judgment in Bayer Plc v NHS Darlington Clinical Commissioning Groups and others : [2019] PTSR 922, [2018] WLR(D) 589, [2018] EWHC 2465 (Admin) which I blogged in Bayer Plc v NHS Darlington CCG and Others 2 Oct 2018. In her judgment, Mrs Justice Whipple dismissed applications for judicial review by Bayer and Novartis of a decision by NHS Darlington and other Clinical Commissioning Groups in Northeast England that the NHS Trusts from which they commission services should use a drug called Avastin as the preferred treatment option for an eye disease generally referred to as wet age-related macular degeneration (“WAMD”).’

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NIPC Law, 7th April 2020

Source: nipclaw.blogspot.com

Couple who opposed council vaccinating their child lose appeal – The Guardian

Posted April 3rd, 2020 in appeals, children, families, local government, medical treatment, news by sally

‘A couple who tried to prevent the local authority from vaccinating their child, who is in care, have failed to overturn the decision by requiring courts to become routinely involved in such disputes.’

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The Guardian, 2nd April 2020

Source: www.theguardian.com

NICE amends Covid-19 critical care guideline after judicial review threat – Local Government Lawyer

‘The National Institute for Health and Care Excellence (‘NICE’) has changed the COVID-19 guideline for clinical care after being threatened with a judicial review challenge.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus and detention under the Mental Health Act – Doughty Street Chambers

‘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.’

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Doughty Street Chambers, 30th March 2020

Source: insights.doughtystreet.co.uk