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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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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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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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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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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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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G. T. Laurie, S. H. E. Harmon, and E. S. Dove
This chapter discusses ethical and legal aspects of patient consent. It covers the limits to consent (including the context of the unconscious patient and adults lacking capacity); the refusal of treatment by capacitous adults and others; the consequences of proceeding without consent; and the negligence action and the vagaries of information disclosure.
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N V Lowe, G Douglas, E Hitchings, and R Taylor
This chapter considers the meaning and function of parental responsibility. It examines the content and limits of parental responsibility including in areas such as: education; medical treatment; corporal punishment; religious upbringing; and naming the child.
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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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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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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines cases when a patient is unable to give consent to medical treatment, and considers: the consent requirement under criminal law and civil law; the form that consent should take; and the principle of autonomy. It discusses how the law treats patients who lack capacity or whose capacity is in doubt. It offers detailed analysis of the Mental Capacity Act 2005 and recent Court of Protection decisions. It also covers cases involving the withdrawal of life-prolonging treatment from patients who lack capacity.
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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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G. T. Laurie, S. H. E. Harmon, and E. S. Dove
This chapter discusses ethical and legal aspects of the global distribution of medical resources; the allocation of national resources; and medical treatment of the individual. It argues that so long as decisions are made taking into account fundamental moral values and principles of equity, impartiality, and fairness, and provided the bases for decision making are flexible in relation to the times, then the underlying system is just and is likely to yield just results.
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G. T. Laurie, S. H. E. Harmon, and E. S. Dove
This chapter discusses ethical and legal aspects of biomedical research. After highlighting the evolution and acceleration of rule-making in this setting, it differentiates between research and experimentation, and articulates a core regulatory concept, namely risk. It then covers ethical codes and legal instruments in human biomedical research, research ethics committees, randomised controlled trials, and experimental treatment, paying particular attention to informed consent and research involving people lacking capacity. It also addresses the unethical researcher, compensation for personal injury in research, research involving human tissue and personal data, and new approaches to research governance.
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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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This chapter examines the legal and ethical aspects of death. It begins with a discussion of the difficulty of the choosing a definition of ‘death’. It then sets out the law on a range of ‘end-of-life issues’, including euthanasia, assisted suicide, and refusal of medical treatment. It considers some particularly complex cases in which the law is not always easy to apply. These include the administration of pain-relieving drugs, the treatment of severely disabled newborn children, and the position of patients suffering from PVS. Next, the chapter considers the ethical debates surrounding euthanasia, assisted suicide, and terminating treatment. This is followed by a discussion of palliative care and hospices.
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Dianne Scullion
This chapter discusses who can consent to or refuse medical treatment for a child, and considers in what circumstances the child themselves can make this decision. This involves discussion of Gillick competence, which refers to circumstances where a child is viewed as having the required maturity and understanding to make these decisions. It also examines the role that parents play in the decision-making process. It explores cases where parents and doctors disagree on the treatment proposed and consider how these disputes are resolved. The chapter concludes by considering an alternative route to settle disputes concerning the medical treatment of children and examines the role that mediation can take in this context. It considers whether this has the potential to avoid extreme situations, such as that seen with Ashya King's parents removing him from the hospital and fleeing the country to avoid the treatment proposed by the doctors and receive alternative treatment abroad.
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This chapter examines the legal and ethical aspects of death. It begins with a discussion of the difficulty of the choosing a definition of ‘death’. It then sets out the law on a range of ‘end-of-life issues’, including euthanasia, assisted suicide, and refusal of medical treatment. It considers some particularly complex cases in which the law is not always easy to apply. These include the administration of pain-relieving drugs, the treatment of severely disabled newborn children, and the position of patients suffering from PVS. Next, the chapter considers the ethical debates surrounding euthanasia, assisted suicide, and terminating treatment. This is followed by a discussion of palliative care and hospices.
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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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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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