It’s been a while, what with marking and supervising and writing new courses and general faff, but with luck the blog’ll be getting updated a bit more frequently; there’s a couple of guest posts in the queue, the first of which I’ll post later today. And I’m hoping to restart semi-regular moans of my own […]
Category: In the Courts
The Death of Sidaway: Values, Judgments and Informed Consent
Guest post by Kirsty Keywood (University of Manchester) On 11th March Nadine Montgomery won her case before the UK Supreme Court to gain compensation for the failure of her obstetrician to warn her of risks associated with the vaginal delivery of a large infant – a risk which she would have averted by requesting a […]
A Bit More on Nonhuman Persons
A bit of a followup to my last post: sometimes, nonhumans are granted habeas corpus: Orangutans have been granted the status of “non-human persons” with legal rights in a landmark court ruling in Argentina. The decision clears the way for Sandra, a shy 29-year-old, to be freed from Buenos Aires Zoo after spending her entire life in […]
Rights, Duties, and Species
A little earlier this year, there was a case brought before the New York courts concerning a chimpanzee called Tommy: the matter was the lawfulness of keeping Tommy confined. Acting on Tommy’s behalf was an organisation called the NonHuman Rights Project. The legal documentation filed is available here. The basis of the case was not so […]
Legal Comment on Nicklinson, Lamb and AM Appeals
Guest post by Alexandra Mullock, University of Manchester The Supreme Court, in the long awaited verdict in the Nicklinson appeals, essentially delivered both good news and bad news for all concerned. The appeals by Jane Nicklinson (continuing her late husband’s battle), Paul Lamb and AM (known as Martin) were all rejected. The DPP won her appeal […]
Nicklinson Loses Right-to-Die Case
No surprises at the result, but the ruling itself looks like it might make for interesting reading. Analysis to follow… […]
Aintree University Hospital NHS Foundation Trust v James: Best Interests and Futility under the Judicial Microscope
Guest post by Daniel Sokol, barrister at 12 King’s Bench Walk / King’s College London. Eight years after coming into force, the Mental Capacity Act 2005 has finally reached the scrutiny of the Supreme Court in Aintree University Hospital NHS Foundation Trust v James [2013] UKSC 67. David James was a professional musician, and a family […]
Fitness to Practise Revisited
***UPDATE: Important codicil at the end*** Back in March, I posted something about what I took to be a slightly odd Fitness to Practise decision by the GMC in respect of one Mohammed Al-Byati. Via the BMJ, here’s another case that seems a bit strange: A doctor who abducted her six year old daughter from […]
News from Wisconsin: It’s not OK if your Child Dies, even if you’re Praying
(Note: I wrote this a couple of weeks ago, but didn’t actually post it for some reason. I’ve no idea why it’s taken me so long. But it’s here now…) Via Facebook a couple of weeks ago, I came across this story, about a couple whose conviction over the death of their child has been upheld: A […]
Cutting Class: Thinking about Self-Harm without Disgust
Guest Post by Kerry Gutridge* and A.M. Calladine Imagine you are a doctor, nurse or teacher and someone in your care asks for a razor. The person you look after wants to slice into their own skin and draw blood. They are compelled to hurt themselves. They have an overwhelming urge to feel a momentary […]