Consent to treatment – Hailsham Chambers

Posted April 20th, 2015 in codes of practice, consent, disclosure, doctors, medical treatment, negligence, news by sally

‘Medicine is a changing field, and the way it is practised is in many ways unrecognisable today from 30 years ago. Diagnostic techniques have improved. The technology is better. New drugs come onto the market. Patients are better informed. Less and less are patients inclined to take the stance that “doctor knows best”. There is a plethora of information available through the internet enabling patients to obtain information about symptoms, investigations, treatment options, risks and side-effects; there are patient support groups; healthcare institutions issue leaflets; pharmaceutical products are labelled and contain data sheets intended to give the public information, including in relation to risks; there is a constant raising of awareness of medical accidents and perceived inadequacies of healthcare provision through the media including social media. Whistle-blowing legislation protects those within the health service who wish to remove the veil from poor standards in hospital. And there have been some high-profile inquiries and reports which have revealed severely substandard practice in some places, two obvious examples being North Staffordshire and Morecambe Bay. The result is that the person who walks through the door of a consulting room today is likely to be very different to the person who walked in 30 years ago: better informed, cannier, more suspicious perhaps, more demanding, less resigned.’

Full story (PDF)

Hailsham Chambers, 26th March 2015

Source: www.hailshamchambers.com

Key highlights from record-breaking court awarded clinical negligence trial – Cloisters

‘William Latimer-Sayer highlights some points arising out of the record-breaking award in Robshaw v United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB).’

Full story

Cloisters, 10th April 2015

Source: www.cloisters.com

Patel v Mirza: Illegal Cats and a Place of Repentance – Family Law Week

‘John Wilson QC of 1 Hare Court analyses a Court of Appeal judgment on the illegality defence which may prove very pertinent to cohabitation and financial remedy cases.’

Full story

Family Law Week, 15th April 2015

Source: www.familylawweek.co.uk

Trust deeds versus trustees – 11 Stone Buildings

Posted April 20th, 2015 in bankruptcy, debts, EC law, news, pensions, trustees in bankruptcy by sally

‘Thomas Robinson details changes in bankruptcy and pension rights under UK and EU pension schemes.’

Full story (PDF)

11 Stone Buildings, 15th April 2015

Source: www.11sb.com

“Professional Statement” could be the key to unlocking flexible routes to the Bar, says regulator – Bar Standards Board

‘Using a Professional Statement to define what a newly authorised barrister should be able to do from “day one” – the point of being issued a Full Practising Certificate – could be the key to making qualification routes to the Bar more flexible and innovative, the Bar Standards Board (BSB) has said.’

Full story

Bar Standards Board, 15th April 2015

Source: www.barstandardsboard.org.uk

Changes to the Divorce Process in England and Wales: Q&A – Family Law Week

‘HM Courts & Tribunals Service explain how the forthcoming changes will affect the divorce process in England and Wales.’

Full story

Family Law Week, 15th April 2015

Source: www.familylawweek.co.uk

Fairness in the courts: the best we can do – Speech by Lord Neuberger

Fairness in the courts: the best we can do (PDF)

Speech by Lord Neuberger

Supreme Court, 10th April 2015

Source: www.supremecourt.uk

News focus: law and justice pledges – Law Society’s Gazette

‘The general election manifestos are in – here’s our quick-fire summary of their headline pledges on law and justice.’

Full story

Law Society’s Gazette, 20th April 2015

Source: www.lawgazette.co.uk

Operation Elveden: Journalists cleared in payment trial – BBC News

‘Three journalists have been found not guilty of illegally paying public officials by a jury at the Old Bailey.’

Full story

BBC News, 17th April 2015

Source: www.bbc.co.uk

Man died in prison after police wrongly took him from psychiatric unit, inquest finds – The Guardian

‘Mark Groombridge killed himself in Dovegate prison two weeks after he was removed from secure ward by probation officers and recalled to prison – a move that probably contributed to his death, jury finds.’

Full story

The Guardian, 17th April 2015

Source: www.guardian.co.uk

“Cold Calling” company fined £75K for breach of privacy – UK Human Rights Blog

Posted April 20th, 2015 in advertising, complaints, consumer protection, EC law, fines, news, privacy, tribunals by sally

‘Although an individual’s right to privacy is usually thought of in the context of state intrusion in one form or another, in reality the real threat of intrusion in a society such as ours comes from unsolicited marketing calls.’

Full story

UK Human Rights Blog, 17th April 2015

Source: www.ukhumanrightsblog.com

Boy of 13 given life sentence for killing woman by stamping on her face – The Guardian

Posted April 20th, 2015 in closed circuit television, murder, news, robbery, sentencing, young offenders by sally

‘A 13-year-old boy, who killed a woman by stamping on her face, has been given a life sentence.’

Full story

The Guardian, 17th April 2015

Source: www.guardian.co.uk

Searching questions in the CJEU: the East Sussex County Council case – Panopticon

Posted April 20th, 2015 in EC law, fees, freedom of information, housing, local government, news by sally

‘When local authorities provide property search information, can they charge for doing so? On what legal basis? How should such charges be calculated?’

Full story

Panopticon, 17th April 2015

Source: www.panopticonblog.com

Glen Parva criticised over Greg Revell death – BBC News

Posted April 20th, 2015 in coroners, death in custody, inquests, news, ombudsmen, prisons, suicide, young offenders by sally

‘A coroner has criticised a young offenders’ institution for failing to identify the risk to an 18-year-old remand prisoner who hanged himself.’

Full story

BBC News, 18th April 2015

Source: www.bbc.co.uk

Teenager jailed for punching 16-year-old girlfriend in stomach and causing miscarriage – The Independent

‘A teenager has been jailed for punching his pregnant girlfriend in the stomach, causing her to lose the baby.’

Full story

The Independent, 18th April 2015

Source: www.independent.co.uk

Journalists should not always be prosecuted for paying public officials, says former CPS head – The Indpendent

‘The former head of the Crown Prosecution Service has said it can be “appropriate” for journalists to pay officials for information and that Operation Elveden had overlooked the public interest.’

Full story

The Independent, 18th April 2015

Source: www.independent.co.uk

From ‘pillar to post’ – Nearly Legal

‘In a judgment of undisguised anger, Cobb J described the conduct of LB Tower Hamlets and LB Havering as “shameful” in the way in which they treated AM and his family. I haven’t come across Cobb J before but his judgment in AM v Tower Hamlets LBC and Havering LBC [2015] EWHC 1004 (Admin) is just about as good a judgment as I’ve read in a long time. The question was which authority should have “picked up” AM and his household, with children who were almost certainly in need under s.17, Children Act 1989.’

Full story

Nearly Legal, 17th April 2015

Source: www.nearlylegal.co.uk

Crown Prosecution Service re-review of Operation Elveden – CPS News Brief

‘Operation Elveden is a Metropolitan Police Service investigation that revealed the payments made to corrupt public officials by journalists for information. It followed two parliamentary committees and the Leveson Inquiry which revealed serious questions over the techniques used by some which may have amounted to systematic and flagrant breaches of the law. The range and circumstance of this activity was of a scale not previously encountered by police or CPS.’

Full story

CPS News Brief, 17th April 2015

Source: http://blog.cps.gov.uk

Women who wear religious veils in court must be respected, says UK’s most senior judge – The Independent

Posted April 20th, 2015 in court dress, courts, Islam, judges, news, religious discrimination, Supreme Court by sally

‘Women who choose to wear religious veils in court must be shown respect, the country’s most senior judge has said.’

Full story

The Independent, 17th April 2015

Source: www.independent.co.uk

Three years, £20 million, one conviction: Operation Elveden on brink of collapse – Daily Telegraph

‘Operation Elveden, the long running investigation into allegations of corruption by tabloid journalists, lies in tatters after the Crown Prosecution Service (CPS) was forced to scrap most of the outstanding cases. ‘

Full story

Daily Telegraph, 17th April 2015

Source: www.telegraph.co.uk