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Cover Essential Cases: Criminal Law

Attorney-General’s Reference (No. 1 of 2022) [2020] EWCA Crim 1665, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney-General’s Reference (No. 1 of 2022) [2020] EWCA Crim 1665, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v McNally [2013] EWCA Crim 1051, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v McNally [2013] EWCA Crim 1051, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

Attorney-General’s Reference (No. 1 of 2022) [2020] EWCA Crim 1665, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney-General’s Reference (No. 1 of 2022) [2020] EWCA Crim 1665, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v McNally [2013] EWCA Crim 1051, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v McNally [2013] EWCA Crim 1051, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Bree [2007] EWCA Crim 804, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Bree [2007] EWCA Crim 804, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Lawrance [2020] EWCA Crim 971, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Lawrance [2020] EWCA Crim 971, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v SD [2008] EWCA Crim 527, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v SD [2008] EWCA Crim 527, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R (Monica) v DPP [2018] EWHC 3508 (QB), Queen’s Bench Division  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Monica) v DPP. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Bree [2007] EWCA Crim 804, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Bree [2007] EWCA Crim 804, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Lawrance [2020] EWCA Crim 971, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Lawrance [2020] EWCA Crim 971, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v SD [2008] EWCA Crim 527, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v SD [2008] EWCA Crim 527, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R (Monica) v DPP [2018] EWHC 3508 (QB), Queen’s Bench Division  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Monica) v DPP. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Tort Law

10. Defences to negligence  

This chapter discusses three key defences in the tort of negligence: voluntary assumption of risk (consent or volenti non fit injuria), contributory negligence and illegality. The defence of voluntary assumption of risk is based on the common-sense notion that ‘one who has invited or assented to an act being done towards him cannot, when he suffers it, complain of it as a wrong’. The defence of illegality denies recovery to certain claimants injured while committing unlawful activities. Contributory negligence is a defence that operates not to defeat the claimant’s claim entirely but rather to reduce the amount of damages the defendant must pay.

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

8. Consent to Medical Treatment  

A. M. Farrell and E. S. Dove

This chapter explores the nature of consent to medical treatment for adults (primarily those with capacity), as well as its flipside, refusal of medical treatment. We begin by focusing on the function of consent and the consequences for failing to obtain it. We then consider what constitutes informed consent for the purposes of medical treatment, and the nature of information which must be disclosed to a patient to secure this. Finally, we discuss circumstances where medical treatment may proceed even in the absence of consent. As part of this, the chapter traces the history of ‘informed consent’ from the American case of Salgo (1957) through and beyond the foundational UK Supreme Court case of Montgomery v Lanarkshire Health Board (2015), which sets out legal rules on the disclosure of risks to satisfy the criteria of an informed consent for medical treatment. We discuss how patient autonomy and exercise of choice is now a common theme in relevant case law, and professional guidance increasingly emphasises shared decision making for treatment decisions. Nevertheless, the law still places hurdles in the path of individuals seeking to exercise their autonomy, and vestiges of Bolam (1957) remain, particularly in relation to medical advice concerning the risks associated with treatment.

Chapter

Cover Tort Law

10. Defences to negligence  

This chapter discusses three key defences in the tort of negligence: voluntary assumption of risk (consent or volenti non fit injuria), contributory negligence and illegality. The defence of voluntary assumption of risk is based on the common-sense notion that ‘one who has invited or assented to an act being done towards him cannot, when he suffers it, complain of it as a wrong’. The defence of illegality denies recovery to certain claimants injured while committing unlawful activities. Contributory negligence is a defence that operates not to defeat the claimant’s claim entirely but rather to reduce the amount of damages the defendant must pay.

Chapter

Cover Essential Cases: Criminal Law

R v BM [2018] EWCA Crim 560, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v BM [2018] EWCA Crim 560, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Barnes [2004] EWCA Crim 3246, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Barnes [2004] EWCA Crim 3246, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Melin [2019] EWCA Crim 557, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Melin [2019] EWCA Crim 557, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v B (MA) [2008] EWCA Crim 3, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v B (MA) [2008] EWCA Crim 3, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v BM [2018] EWCA Crim 560, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v BM [2018] EWCA Crim 560, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.