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The Supreme Court on vicarious liability: a view from inside Cox v Ministry of Justice

April 15 2016 The law of vicarious liability has recently been revisited by the Supreme Court in two important cases: Cox v Ministry of Justice and Mohamud v WM…

Short note: penal notices and contempt of court

April 13 2016 In In the Matter of Gous Oddin [2016] EWCA Civ 173, the Court of Appeal reminded practitioners (and the judiciary) of the importance of compliance…

Capacity, facility and circumvention

April 13 2016 In Ritchie v Nelson [2016] CSOH 35, decided on 4th March 2016, Lord Clarke granted decree of reduction of a Disposition in favour of the defender by…

New offence of wilful neglect or ill- treatment in Scotland

October 10 2016 The Health (Tobacco, Nicotine, etc. and Care) (Scotland) Act 2016 received Royal Assent back in April 2016 and is yet to come into force. However, it…

Rule 3A representatives clarified

April 13 2016 In this case, a friend of VE’s was appointed as her Rule 3A representative. However, it became apparent during the course of the hearing that local…

MHO shortages and delayed reports - again

November 18 2016 Over the last five years the number of applications under Part 6 of the Adults with Incapacity (Scotland) Act requiring reports from MHOs has more…

Lord Neuberger on the role of a constitutional court

November 18 2016 On 14th October 2016 Lord Neuberger, President of the Supreme Court of the United Kingdom, delivered the second biennial Lord Rodger Memorial Lecture…

A major step forward in CRPD compliance by the German Federal Constitutional Court?

November 18 2016 Legislatures and courts worldwide, when they consider medical treatment and other measures in the context of intellectual…

Short Note: Strasbourg’s latest on DoL (2)

November 18 2016 In Červenka v The Czech Republic (Application no. 62507/12, decision of 13 October 2016), the ECtHR considered the position of Mr Jaroslav Červenka…

New consent guidance from the Royal College of Surgeons

November 18 2016 The Royal College of Surgeons has recently updated its good practice guidance on consent in light of the Montgomery judgment. Its main messages as…