Update to para 6.129, page 221: Conclusion and Future Legislation The Law Commission published its final Report on Mental Capacity and Deprivation of Liberty on 13 March 2017, along with a draft Bill. The full report is available here and a summary of the Law Commission’s conclusions are set out below. As anticipated, the Law Commission […]
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Update to main text para 13.11, page 399: Withdrawal of treatment in MCS Abertawe Bro Morgannwg University Local Health Board v RY & CP [016] EWHC 3256 (Fam) Decided only months after Briggs and Baker J’s Oxford speech (see main text at para 13.13.), this unsuccessful application for withdrawal of life-sustaining treatment […]
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Update to para 2.5, page 33 New footnote 6: White v Philips [2017] EWHC 386 (Ch) The legal test as to testamentary capacity is a common law one and the classic statement of the test, being found in Banks v Goodfellow (1870) LR5 QB 549, is almost 150 years old. Since judicial application of the […]
Update on Thefaut v Johnson, para 1.26, page 18 In Spencer v Hillingdon Hospital NHS Trust[1] it was determined that the Montgomery approach to informed consent was simply a variant of Bolam and that the test was: would the ‘ordinary sensible patient’ feel justifiably aggrieved at not being provided with the information in issue. In […]
Update to para 5.12, page 132: Introduction to the Official Solicitor para 5.26, page 147: Litigation Friend para 5.58, page 170: The High Court’s inherent jurisdiction in relation to vulnerable adults Appendix 5.7 The Official Solicitor has issued a new and amplified Practice Direction – Appointment In Family Proceedings And Proceedings Under The Inherent Jurisdiction […]