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 […]
Update to main text para 13.1, page 376: Introduction There have been significant developments in this area in recent months. The most important is Briggs: a policeman and Gulf War veteran, injured in a traffic accident, remained in a minimally conscious state; his wife brought an application seeking withdrawal of clinically assisted artificial nutrition and hydration. […]
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Update to para 6.1, page 174: General R (ota Ferreira) v HM Senior Coroner for Inner South London [2017] EWCA Civ 31 addresses the tangled issue of what actually constitutes a deprivation of liberty. It is a further retreat by the judiciary from the far-reaching implications of Cheshire West. […]
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