The Round-up 16-3-2020

16 March 2020 by

The worsening of the Covid-19 pandemic seemed to relegate all other business to a position of relative insignificance this week. Undoubtedly  the human, economic and social cost of the outbreak is already severe, with its impact increasingly felt across the globe. However, perhaps more than any other conceivable event, the progression of the disease casts a spotlight on numerous areas of legal controversy. It is hard to recall a post-war phenomenon which so frequently pits the rights and interests of individuals against those of broader society (more here). Indeed, the potential material for upcoming pupillage interview questions seems virtually inexhaustible, assuming that they too don’t fall victim to social distancing measures.

I will be posting a longer article on Covid-19 later today.

For the time being in the UK, however, it was business as usual in the courts. Returning to the Mental Health Act theme, the week saw judgment in the case of A Healthcare B NHS Trust v CC [2020] EWHC 574 (Fam) (11 March 2020). The case saw care providers seek confirmation from the court that providing dialysis under sedation to a non-compliant patient detained under s 3 MHA 1983 for his psychiatric condition fell within the scope of treatment permitted by the Act. It is noteworthy that the gentleman, when well, appears to give informed consent to his dialysis, but often withdraws such consent when his mental health deteriorates. 

Counsel for the patient submitted that for section 63 to apply, the primary purpose of the treatment must be to treat the mental disorder. This would appear to be reflected in the wording of s 63  and would disqualify his dialysis treatment, which is administered for renal failure, rather than his mental disorder:

The consent of a patient shall not be required for any medical treatment given to him for the mental disorder from which he is suffering, if the treatment is given by or under the direction of the [approved clinician in charge of the treatment].

The judge however rejected this submission, holding that it was sufficient for the proposed treatment to alleviate a manifestation of his mental disorder. As his renal failure was likely contributed to by his poor mental health, it was permissible to administer his dialysis under the provisions of s63. Whilst potentially a common-sense decision on the facts, the interpretation appears significantly to extend  the scope of s63 beyond its natural reading, permitting doctors to administer treatments not just for mental disorders, but also for physical disorders worsened by the effects of any such disorder. 

In other cases this week:

  • Uddin v The Secretary of State for the Home Department [2020] EWCA Civ 338 (12 March 2020) – In a judgment with more than a hint of suggestion about how a reconstituted First-tier Tribunal may wish to proceed, the Court of Appeal overturned the previous judgments of the immigration tribunals to uphold the decision of the Home Secretary to refuse leave to remain to a young Bangladeshi man who reportedly was brought to the UK as an orphan aged 13. The case gave rise to issues about how such an individual’s relationships with foster carers should be interpreted in light of Article 8 ECHR. 

On the UK Human Rights Blog:

  • Shaheen Rahman QC considers the question of whether a person subject to a home curfew under immigration powers had been falsely imprisoned at common law and its interplay with the concept of deprivation of liberty under Article 5 ECHR – read here;
  • Rafe Jennings discusses the new Environment Bill 2020 – click here.

On Law Pod UK:

  • Emma-Louise Fenelon discusses the ongoing status of EU law in the UK as the country moves towards the end of the Brexit transition period – here

Lastly, in other news:

  • Baroness Hale spoke at the launch event for Women in Family Law. The network has been set up to connect, encourage and promote professional women across the field of family law in England and Wales.
  • Hart Publishers are offering 20% off titles using the code HE6 at checkout. Titles include:
    • Mariagiulia Giuffré: The Readmission of Asylum Seekers under International Law.
    • Nasia Hadjigeorgiou: Protecting Human Rights and Building Peace in Post Violence Societies. 
    • Hedvig Bernitz and Victoria Enkvist: Freedom of Religion
    • Dalia Palombo: Business and Human Rights.

visit www.hartpublishing.co.uk for more. 

1 comment;


  1. I have only skimmed through this vital article. This para caught my eye “The consent of a patient shall not be required for any medical treatment given to him for the mental disorder from which he is suffering, if the treatment is given by or under the direction of the [approved clinician in charge of the treatment.”
    This is illegal.
    My good patient and friend who was over 100 years old became Spirit even though in good health because she did not put things in writing.
    This virus does not cause a mental disorder.
    Who approves the clinician in charge?
    Decades ago the NHS Consultant diagnosed me with Cancer giving me a few weeks to live. When I challenged this statement it was fully retracted i.e. I did not have cancer.
    Every Patient MUST be advised to appoint family or trusted person to oversee.
    More later …tomorrow …await the follow up.
    Can I publish this article on Facebook and my website?
    Be safe Thank you Peace!

Comments are closed.

Welcome to the UKHRB


This blog is run by 1 Crown Office Row barristers' chambers. Subscribe for free updates here. The blog's editorial team is:
Commissioning Editor: Jonathan Metzer
Editorial Team: Rosalind English
Angus McCullough QC David Hart QC
Martin Downs
Jim Duffy

Free email updates


Enter your email address to subscribe to this blog for free and receive weekly notifications of new posts by email.

Subscribe

Categories


Tags


Aarhus Abortion Abu Qatada Abuse Access to justice adoption AI air pollution air travel ALBA Allergy Al Qaeda Amnesty International animal rights Animals anonymity Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 8 Article 9 article 10 Article 11 article 13 Article 14 article 263 TFEU Artificial Intelligence Asbestos Assange assisted suicide asylum asylum seekers Australia autism badgers benefits Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery British Waterways Board care homes Catholic Church Catholicism Chagos Islanders Charter of Fundamental Rights child protection Children children's rights China christianity citizenship civil liberties campaigners civil partnerships climate change clinical negligence closed material procedure Coercion Commission on a Bill of Rights common law communications competition confidentiality consent conservation constitution contact order contact tracing contempt of court Control orders Copyright coronavirus coronavirus act 2020 costs costs budgets Court of Protection covid crime criminal law Cybersecurity Damages data protection death penalty defamation DEFRA deportation deprivation of liberty derogations Detention Dignitas diplomacy disability disclosure Discrimination disease divorce DNA domestic violence duty of care ECHR ECtHR Education election Employment Environment Equality Act Equality Act 2010 Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Convention on Human Rights European Court of Human Rights European Court of Justice evidence extradition extraordinary rendition Facebook Facial Recognition Family Fatal Accidents Fertility FGM Finance foreign criminals foreign office foreign policy France freedom of assembly Freedom of Expression freedom of information freedom of speech Gay marriage gay rights Gaza Gender genetics Germany Google Grenfell Gun Control Health HIV home office Housing HRLA human rights Human Rights Act human rights news Human Rights Watch Huntington's Disease immigration India Indonesia injunction Inquests insurance international law internet inuit Iran Iraq Ireland islam Israel Italy IVF ivory ban Japan joint enterprise judaism judicial review Judicial Review reform Julian Assange jury trial JUSTICE Justice and Security Bill Law Pod UK legal aid legal aid cuts Leveson Inquiry lgbtq liability Libel Liberty Libya lisbon treaty Lithuania local authorities marriage Media and Censorship mental capacity Mental Capacity Act Mental Health military Ministry of Justice modern slavery morocco murder music Muslim nationality national security naturism neuroscience NHS Northern Ireland nuclear challenges nuisance Obituary ouster clauses parental rights parliamentary expenses scandal patents Pensions Personal Injury physician assisted death Piracy Plagiarism planning planning system Poland Police Politics Pope press prison Prisoners prisoner votes Prisons privacy Professional Discipline Property proportionality prosecutions Protection of Freedoms Bill Protest Public/Private public access public authorities public inquiries quarantine Radicalisation rehabilitation Reith Lectures Religion RightsInfo right to die right to family life Right to Privacy right to swim riots Roma Romania round-up Round Up Royals Russia saudi arabia Scotland secrecy secret justice Secret trials sexual offence shamima begum Sikhism Smoking social media social workers South Africa Spain special advocates Sports Standing starvation statelessness stem cells stop and search Strasbourg super injunctions Supreme Court Supreme Court of Canada surrogacy surveillance sweatshops Syria Tax technology Terrorism tort Torture travel treason treaty accession trial by jury TTIP Turkey Twitter UK Ukraine universal credit universal jurisdiction unlawful detention USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks wildlife wind farms WomenInLaw Worboys wrongful birth YearInReview Zimbabwe

Disclaimer


This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.

Our privacy policy can be found on our ‘subscribe’ page or by clicking here.

%d bloggers like this: