Sterilising an incapacitous male patient: an unnecessary decision?
By Charles Foster For the first time a court has sanctioned the sterilisation of an incapacitous male patient: see An NHS Trust v DE and others: [2013] EWHC 2562 (Fam): Mrs Justice Eleanor King in the...
View ArticleAbortion on grounds of gender: the DPP was right
By Charles Foster There has been a recent storm over the DPP’s decision not to prosecute two doctors in relation to their referral of two women for abortion. The cases were widely represented as cases...
View Article“Forced” C-section case – what we know now
By Rachel Buchanan Reports of a C-section being forcibly carried out on a woman that came to light in the mainstream press this past weekend have quickly made international news. What started as an...
View Article“Forced” C-section case: speculation laid to rest as judgment is released
By Rachel Buchanan In an unusual move, and apparently in direct response to public speculation, Mr Justice Mostyn, sitting as a judge in the Court of Protection, has made public the judgment,...
View ArticleCourt is “ultimate arbiter of best interests” in child’s bone marrow transplant
REX/Design Pics Inc By Charles Foster In an emergency ruling in the Family Division of the High Court, Mr Justice Mostyn has ordered that a three-year-old boy undergo a bone marrow transplant against...
View ArticleThe right to her ill partner’s sperm – what are the issues in High Court...
By Charles Foster and Rebecca Carter A “test case” is reportedly being brought in the High Court in February 2014 to determine whether a woman has the right to “harvest” her seriously ill partner’s...
View ArticleRight to die: the issues before the Supreme Court
By Elaine Freer Tony Nicklinson lost his legal battle in 2012 for a judicial ruling that, were his wife to administer life-ending drugs to him at his express request, she would not be liable to...
View ArticlePulling back the curtain of privacy in family and Court of Protection...
By Lucy Reed New guidance on transparency in proceedings has been published by the President of the Family Division and of the Court of Protection, Sir James Munby. The two sets of guidance entitled...
View ArticleAbortion counselling – why statutory regulation is needed
By Michelle Heeley Abortion is an emotive subject, regardless of political persuasion. It is one of the few issues that genuinely has the ability to polarise opinion, with neither side likely to be...
View ArticleCheshire West: liberate social policy from the influence of human rights
By Jon Holbrook Social policy towards those without capacity changed on 19 March 2014. It changed not as a result of a public discussion about the issue but because of a judgment given by the Supreme...
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