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05 September 2013
Issue: 7574 / Categories: Legal News , Human rights , Mental health
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Sterilisation ruling in “best interests”

The High Court’s landmark approval of the sterilisation of a man with learning difficulties will not be a “green light” for other cases, the solicitor for the Trust involved in the case has said.

Mrs Justice Eleanor King ordered that it was lawful for doctors to perform a vasectomy on the man, DE, who lacks capacity to make decisions on contraception, as this was “overwhelmingly in DE’s best interests”.
The 36-year-old has an IQ of 40, equivalent to the mental age of a six to nine year-old child. He has a long-term girlfriend who also has learning disabilities and who became pregnant in 2009.

Neil Ward, partner at Browne Jacobson, who acted for the Applicant Trust, said: “It is a judgment which is very clearly restricted to its facts and should not in any way be perceived as giving a green light to large numbers of sterilisations of patients with learning disabilities.” (read full comment online at http://www.newlawjournal.co.uk/nlj/content/protection-matters)

Issue: 7574 / Categories: Legal News , Human rights , Mental health
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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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