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Article 19 jan 2023
Medical law: best interests – planning ahead
Cases concerning ethical and moral decision making always attract widespread interest. In our recent Medical Law Group seminar in Cambridge – Best Interests - Planning Ahead – we explored many of the reasons for this and how decision-making could become less committee-led.
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Article 21 out 2022
Healthcare Brief: market insights October 2022
A summary of key developments which include the second report on the Early Notification Scheme; the draft Mental Health Bill 2022; the Data Protection and Digital Information Bill; the Damages Claims Portal; proposals to increase the use of mediation in the civil justice system; the costs review launched by the Civil Justice Council; and the current position regarding proposals to change the Mental Capacity Act 2005 Code of Practice and implementation of the Liberty Protection Safeguards.
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Article 19 out 2022
The complexities of best interests decisions and the role of parents in clinical ethics committees’ process
In this article, which was originally published in the Australian Health Law Bulletin, our healthcare experts in Australia and the UK provide an overview of the recent decision of Manchester University NHS Foundation Trust v Verden and consider its implications for clinical ethics committees.
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Article 16 ago 2022
UK Government pushes ahead with its Bill of Rights
The UK Government has responded to its consultation paper ‘Human Rights Act Reform: A Modern Bill of Rights’, which invited comments on proposals to revise and replace the Human Rights Act 1998 with a UK Bill of Rights. In this article, we focus on four of the most pertinent areas to our clients, and look to the recently introduced Bill of Rights which formed part of the 2022 Queen’s Speech.
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Article 29 jun 2022
COVID-19 Public Inquiry: final Terms of Reference
Following a public consultation of the draft Terms of Reference for the UK COVID-19 Inquiry, the Chair, Baroness Hallett, wrote to the Prime Minister setting out a number of proposed changes to ensure that issues of concern raised by the public are explored during the course of the Inquiry.
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Article 17 mai 2022
Healthcare Brief latest decisions – May 2022
A roundup of recent court decisions raising issues relating to non-delegable duty of care; the reintroduction of a claim following earlier discontinuance; secondary victim claims and clinical negligence; and future care and capacity.
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Article 23 fev 2022
UK Government plans to reform Human Rights Act
The UK Government has published a consultation, ‘Human Rights Act Reform: a Modern Bill of Rights’, that makes far-reaching proposals for new legislation which aims to strike a proper balance between individuals’ rights, personal responsibility and the wider public interest. The consultation has been informed by an independent report by the Panel of the Independent Human Rights Act Review.
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Case review 26 jan 2022
High Court examines the issues of future care, double recovery and capacity
In February 2010, the claimant suffered a brain injury and physical injuries whilst detained in hospital. Liability was established in favour of the claimant and the quantum trial took place in May 2021. There were various considerations in this case, but two of the key issues in dispute related to future care and capacity.
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Article 9 dez 2021
COVID-19 public inquiry: appointed a core participant? What next?
The UK Government has announced that an independent chairperson will be appointed the end of 2021 with a view to a public inquiry (the inquiry) being established to start inquiring into the management of the pandemic by Spring 2022.
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Article 3 dez 2021
Spring 2022 COVID-19 public inquiry?
A chairperson will be appointed by the end of this year with a view to establishing a public inquiry into the management of the pandemic in the Spring of 2022. We consider the role of the chairperson in a public inquiry, what the focus of the UK Government’s inquiry may be in light of the Scottish Government’s recent public consultation, and whether a Spring 2022 inquiry is realistic.