Photo by SHOX ART via Pexels Instructing Medical Experts: A CPR Part 35 Guide for UK Solicitors Effective instruction of medical experts is fundamental to successful litigation in clinical negligence, personal injury, and CICA claims, as well as complex inquests. The evidence provided by these experts often forms the basis for allegations of breach of…
Photo by www.kaboompics.com via Pexels Article 2 Inquests: A Guide to Coronial Investigations Involving State Responsibility In the complex landscape of medico-legal practice, inquests hold a unique position, particularly those designated as ‘Article 2 inquests’. These investigations extend beyond factual inquiries into the cause of death, engaging when there is an arguable breach of the…
Photo by Sora Shimazaki via Pexels Who Does Deprivation of Liberty Safeguards Apply To? Eligibility Explained Deprivation of Liberty Safeguards (DoLS) form a critical legal framework in the UK, protecting individuals who lack the mental capacity to consent to care arrangements that amount to a deprivation of liberty. For legal practitioners in clinical negligence, personal…
Photo by www.kaboompics.com via Pexels The Acid Test for Deprivation of Liberty: Cheshire West and Its Medico-Legal Implications The concept of deprivation of liberty, as defined by the Supreme Court in P v Cheshire West and Chester Council [2014], carries significant weight in UK medico-legal practice. For solicitors handling clinical negligence, personal injury, CICA matters,…
Photo by Sora Shimazaki via Pexels The Mental Capacity Act 2005: A Complete Guide for Solicitors and Clinicians The Mental Capacity Act 2005 (MCA 2005) is a cornerstone of adult safeguarding and individual rights in England and Wales. It provides a legal framework for assessing capacity and making decisions for individuals aged 16 or over…
Photo by RDNE Stock project via Pexels Section 37 of the Mental Health Act 1983: Hospital Orders, Restriction Orders and Sentencing Disposal Section 37 of the Mental Health Act 1983 (MHA 1983) is a pivotal provision within the UK criminal justice system, allowing courts to divert mentally disordered offenders from custodial sentences into hospital for…
Photo by SHOX ART via Pexels Deprivation of Liberty Orders: Court of Protection Authorisation Routes Deprivation of Liberty Orders (DoLS) represent a critical intersection of clinical care, human rights, and the law. For UK solicitors acting in clinical negligence, personal injury, CICA claims, or inquests, a thorough understanding of these orders and the authorisation routes…
Photo by RDNE Stock project via Pexels Deprivation of Liberty Safeguards: Practical Examples and Medico-Legal Considerations Understanding Deprivation of Liberty Safeguards (DoLS) is essential for legal professionals handling clinical negligence, personal injury, and human rights cases. The Mental Capacity Act 2005 (MCA 2005) provides the statutory framework for DoLS, protecting individuals aged 18 and over…
Photo by August de Richelieu via Pexels Best Interests Decisions Under the MCA: Practical Examples and the Checklist In clinical negligence litigation, personal injury claims, and coronial inquests, disputes frequently arise concerning decisions made under the Mental Capacity Act 2005 (MCA). These disputes often hinge on whether a best interests decision was lawfully reached, particularly…
Photo by August de Richelieu via Pexels How Long Can a Deprivation of Liberty Be Authorised For? The Deprivation of Liberty Safeguards (DoLS), enacted under the Mental Capacity Act 2005 (MCA 2005), provide a legal framework to protect individuals who lack mental capacity to make decisions about their care and residence, where care arrangements amount…
