Home » Archive

Articles tagged with: Medical

Blog »

[ 13 May 2014 | 3 Comments ]
Cheshire West: liberate social policy from the influence of human rights

By Jon Holbrook
Social policy towards those without capacity changed on 19 March 2014. It changed not as a result of a public discussion about the issue but because of a judgment given by the Supreme Court - Cheshire West [2014] UKSC 19. The change was not preceded by a Royal Commission, Green Paper, debate in Parliament or any other engagement with the public, but after seven judges received legal submissions from 17 barristers. The change was not determined by the needs of those in care, but by the requirements of human …

Blog, Criminal, Human Rights »

[ 6 Mar 2014 | Comments Off ]
Abortion counselling – why statutory regulation is needed

By Michelle Heeley
Abortion is an emotive subject, regardless of political persuasion. It is one of the few issues that genuinely has the ability to polarise opinion, with neither side likely to be persuaded to the other’s point of view.
Fortunately this country has not yet gone down the American route with abortion being played out as a party political issue. Generally, MPs are given a free vote on topics surrounding the issue with party leaders recognising that the whip could be difficult to enforce on an area dominated by personal views.
Recently, …

Blog, Family, Legal Profession & Courts »

[ 23 Jan 2014 | Comments Off ]
Pulling back the curtain of privacy in family and Court of Protection proceedings

By Lucy Reed
New guidance on transparency in proceedings has been published by the President of the Family Division and of the Court of Protection, Sir James Munby.
The two sets of guidance entitled “Transparency in the Family Courts: Publication of Judgments” and “Transparency in the Court of Protection: Publication of Judgments” come into force on 3 February 2014.
Both of the new guidance documents link to the very helpful and comprehensive 2011 paper The Family Courts: Media Access & Reporting, which sets out the law in this difficult area and repays being …

Blog, Human Rights, Legal Profession & Courts »

[ 20 Jan 2014 | 2 Comments ]
Right to die: the issues before the Supreme Court

By Elaine Freer
Tony Nicklinson lost his legal battle in 2012 for a judicial ruling that, were his wife to administer life-ending drugs to him at his express request, she would not be liable to prosecution for murder.
I wrote about this in a previous article, at the end of which I referred briefly to the case of “Martin” (real name unknown), whose case was similar, but with one crucial distinction: whilst Tony Nicklinson sought protection for his wife in these circumstances, Martin sought it for an as-yet unknown person, unrelated to …

Blog, Human Rights »

[ 16 Jan 2014 | Comments Off ]
The right to her ill partner’s sperm – what are the issues in High Court “test case”?

By Charles Foster and Rebecca Carter
A “test case” is reportedly being brought in the High Court in February 2014 to determine whether a woman has the right to “harvest” her seriously ill partner’s sperm.
The legal action was brought to our attention by reports in the press yesterday, which included articles in the Independent, the Telegraph and the Daily Mail.
The facts of the case were reported as follows: the woman (AB) and her partner (P) had been in a relationship for several years and got engaged last year. They had “extensive” …