Supreme Court reverses informed consent ruling: Sidaway is dead

UK Human Rights Blog

montgomery_3228283bMontgomery v. Lanarkshire Health Board [2015] UKSC 11, 11 March 2015  – read judgments here

James Badenoch QC of 1COR was for the mother in this case. He played no part in the writing of this post.

An important new decision from a 7-Justice Supreme Court on informed consent in medical cases. 

In the mid-1980s a majority of the House of Lords in Sidaway decided that it was on the whole a matter for doctors to decide how much to tell patients about the risks of treatment, and that therefore you could not sue your doctor in negligence for failing to inform you of a risk if other reasonable doctors would not have informed you of the risk. Thus the principle that the standard of medical care is to be determined by medical evidence (which all lawyers will know as the Bolam principle) was extended to the quality of information to…

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The Crisis In Crimea in Terms of International Law and the Ukrainian Constitution

International Law Matters is pleased to welcome this guest post from Professor Süleyman Sırrı Terzioğlu, international law lecturer at Izmir Kâtip Çelebi Üniversitesi. He studies minority rights, international organizations, and Central Asia.  You can follow him on twitter @ssterzioglu or email him at ssterzioglu@yahoo.com.

The Crimean conflict, which has turned into a power struggle between the Western world and Russia, and that has led to the implementation of various sanctions against Russia, triggered a number of legal red flags.  While Russia tries to justify the annexation, it does not seem legally justifiable under international law nor under the Constitution of Ukraine. Continue reading