Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Yvonne Watts v Bedford Primary Care Trust (Case C-372/04), EU:C:2006:325, [2006] ECR I-4325, 16 May 2006. The document also includes supporting commentary from author Noreen O'Meara.
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Yvonne Watts v Bedford Primary Care Trust (Case C-372/04), EU:C:2006:325, [2006] ECR I-4325, 16 May 2006
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Yvonne Watts v Bedford Primary Care Trust (Case C-372/04), EU:C:2006:325, [2006] ECR I-4325, 16 May 2006
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Yvonne Watts v Bedford Primary Care Trust (Case C-372/04), EU:C:2006:325, [2006] ECR I-4325, 16 May 2006. The document also includes supporting commentary from author Noreen O’Meara.
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R v Cheshire [1991] 1 WLR 844, 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 Cheshire [1991] 1 WLR 844, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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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.
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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.
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R v Cheshire [1991] 1 WLR 844, 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 Cheshire [1991] 1 WLR 844, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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8. Mental health
This chapter focuses on statutory provisions governing mental health and mental health disorders, with particular reference to the Mental Health Act 1983 and the Mental Capacity Act 2005. It first outlines modern approaches to mental disorders, including legal reforms and the MHA 1983 Code of Practice (2015). It considers the main routes by which patients are admitted to the mental health system (voluntary or involuntary), deprivation of liberty, including Cheshire West and the proposed liberty protection safeguards, and the issue of consent with regards to medical treatment. Finally, the chapter discusses community care that must be provided to people with mental health disorders following discharge from hospital, particularly aftercare and supervised community treatment orders. Relevant cases are considered.
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4. Consent to Treatment
This chapter examines the legal and ethical aspects of treating a patient without consent. It considers the meaning of ‘consent’ and the position of patients who lack the capacity to consent. For children who lack capacity, consent involves a delicate balance between the rights of the children and those of their parents. For adults lacking capacity, the Mental Capacity Act 2005 has emphasized the ‘best interests’ test, but has largely left open the question of how a person’s best interests are to be ascertained. The chapter also considers what weight should be attached to advance decisions (sometimes called living wills).
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10. Visitors: entry for temporary purposes
Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt
This chapter discusses the law relating to individuals coming to the UK as visitors for short-term or finite purposes such as tourism, business visits, sporting and entertainment engagements, or for private medical treatment. There is a discussion of the withdrawal, reinstatement, and restriction of rights of appeal for those visiting family members in the UK, and the application of Article 8 ECHR to these situations. The revised visitor rules in Appendix V are described in detail. The chapter also discusses the special cases of marriage visitors, carers and transit visitors, and general conditions such as prohibited activities and the need for maintenance and accommodation.
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5. Incapacity I: Adults
This chapter considers the consent requirement and the principle of autonomy. It then discusses how the law treats patients who lack capacity, offering detailed analysis of the Mental Capacity Act 2005 and its application, including cases involving the withdrawal of life-prolonging treatment.
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11. Patents I: Justifications, Registration, Patentable Subject Matter, and Industrial Application
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with an overview of the history of UK patent law. It then discusses: justifications in support of patent rights; sources of patent law; obtaining a patent; patentable subject matter; exclusions from patentability relevant to biotechnological inventions (e.g. plant and animal varieties and non-microbiological processes for their production; software and business methods; and inventions that are contrary to ordre public or morality); industrial application requirements for patentability; and methods of medical and veterinary treatment.
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3. Consent
This chapter deals with consent as a necessary precondition for medical treatment of competent adults. It provides an overview of the common law basis of the Mental Capacity Act 2005, followed by discussion of issues relating to information disclosure, public policy, and the key case of Montgomery and how this applies to more recent cases. It considers the statutory provisions for adults who lack capacity, exceptions to the requirement to treat patients who lack capacity in their best interests, and consent involving children under the Children Act 1989. Gillick competence, a concept applied to determine whether a child may give consent, is also explained. Relevant case law, including Gillick, which gave rise to the concept, are cited where appropriate.
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4. Informed Consent
This chapter examines ‘informed consent’, and the question of how much information must be provided to patients before they consent to medical treatment. It first considers the ethical justifications for informing patients and then examines the legal framework that protects patients’ interests in information disclosure. The chapter also explores some alternatives to the law of tort, and the guidance produced by the medical profession.
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9. Children and Consent to Medical Treatment
A. M. Farrell and E. S. Dove
This chapter examines the law involving capacity to consent to medical treatment on the part of children and young people. An overview is first provided of key legislation and the role of the courts in the area. Thereafter, the concept of Gillick competence is then examined. Post-Gillick case law is explored in select areas, including refusals of medical treatment, objections to treatment due to religious beliefs, other welfare considerations, gender identity, and the care of critically ill young children. The final section briefly reflects on the role of human rights in promoting the autonomy of children and young people in decision-making about their own health care and how this has been interpreted by the courts.
