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Law digests: 26 April 2024

26 April 2024
Issue: 8068 / Categories: Case law , In Court , Law digest
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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

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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