header-logo header-logo

Law digests: 26 April 2024

26 April 2024
Issue: 8068 / Categories: Case law , In Court , Law digest
printer mail-detail

Mental health

King’s College Hospital NHS ­Foundation Trust v South London and Maudsley NHS Foundation Trust and another [2024] EWCOP 20, [2024] All ER (D) 47 (Apr)

The Court of Protection held that GF, who was 60 years old and had been admitted to hospital via A&E, lacked capacity pursuant to ss 15(1)(a) and (b) of the Mental Capacity Act 2005 to (i) conduct the proceedings and (ii) make decisions as to his medical treatment, in particular in relation to an above-knee amputation and associated pre- and post-operative treatment. Further, the clinical evidence was overwhelming. The collective medical opinion was that an above-knee amputation was the only realistic option. It was lawful and in GF’s best interests to undergo surgery to have his right leg amputated above the knee and to receive care and treatment in accordance with the terms of the treatment plan.


Personal injuries

Williams-Henry (by her mother and litigation friend Christel Williams) v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), [2024] All ER (D) 44 (Apr)

The King’s Bench Division dismissed the claimant’s

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll