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Right to Die Card May Lead to Conflict
Salford Council has caused controversy by introducing ‘a right to die scheme’ under the provisions of the Mental Capacity Act 2005. The scheme says Emma Holt, a Partner and Head of Clinical Negligence at Manchester law firm, Pannone LLP, could lead to conflict regarding its interpretation.
The scheme is the first of its kind in the UK and is designed to allow people to make an informed decision about the treatment they would like to receive in the future. The scheme requires people to complete an ‘Advanced Decision to Refuse Treatment’ card, currently available at Swinton Library, which will instruct doctors not to treat them should they lose the capacity to make decisions.
On finding a card upon a patient who has lost capacity due to accident or illness, doctors must then contact the patient’s GP or a loved one for more information about the patient’s specific wishes.
Step closer to euthanasia?
Opponents of the scheme, such as the Pro-Life Alliance, consider this to be a step closer to euthanasia, giving people the right to die, while supporters view the scheme as promoting individual rights by giving people as much control over their future as possible.
Emma Holt, Head of the Clinical Negligence Department at Pannone LLP, offers some advice to those considering using the scheme: “The decision to refuse treatment is extremely important as it ultimately amounts to decisions about life and death, which clearly provokes strong emotions. There is therefore a potential for a dispute arising between families and medical professionals on the interpretation of any advanced refusal of medical treatment. Where such a dispute arises it may need to be resolved by the Courts.
“The difficulty is that a person cannot predict all the possible situations which may lead to him or her losing capacity to make decisions, and therefore when a person does lose capacity there is a recipe for conflict, particularly when it is as a result of an unexpected event such as a road traffic accident”.
Pannone LLP has acted for many individuals regarding issues of consent and refusal of medical treatment. If you or a member of your family have any concerns they should contact a Clinical Negligence Solicitor at Pannone on Freephone 0800 0382 382.
Legal Developments worldwide
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Harmonising Anti-Circumvention Protection with Copyright Law
Technological measures are increasingly used by rightholders in order to protect their intellectual property rights in digital content. The effect of such measures is to restrict the access to and the use of digital content, by associating pre-defined and self-executing usage rules with it. Within an increasing number of legislations, technological measures enjoy legal protection against circumvention. However, these new rules have been subject to rather severe criticism, especially from a copyright law point of view, the general claim being that anti-circumvention protection threatens to ruin the delicate balance of interests cast in the provisions of copyright law. -
How to stop fraud before it happens
Stopping fraud before it happens is the ultimate goal of a successful fraud prevention and awareness programme. Whilst it is important that fraud prevention controls are robust and are methodically implemented, too often companies fail to recognize that it is the perception of the likelihood of detection and sanction which discourages a person from perpetrating fraud, rather than the actual effectiveness of the internal controls and anti-fraud measures. -
Consumer Protection Act and leases
The Consumer Protection Act 2008 (“ the Act ”) was assented to on 24 April 2009 and is to come into operation incrementally with the majority of the provisions coming into effect 18 months after the date on which the Act was signed by the President. Accordingly the majority of the provisions of the Act will come into operation on 24 October 2010. -
The impact of competition law changes/developments on M&A activity
The Impact of Competition Law changes/developments (including the practices and policies of the Commission/Tribunal) on M&A activity - with a specific focus on 2008 and also forward looking taking into account expected legislative changes. If possible mention actual company names/cases wherever possible to make it have real life application -
Contributed tax capital: simplicity at last!
By now, many will have heard something about c ontributed tax capital (CTC). A year or so hence, the concept will form part of the South African tax terrain – to the relief of tax practitioners who have had to trawl through the Income Tax Act’s (“the Act”) three-to-four page long definition of a dividend . I certainly heaved a sigh of relief when I read the Revenue Laws Amendment Bill of 2008 (“Bill”). -
The Consumer Protection Bill – Changing the Face of Litigation and Dispute Resolution
The Consumer Protection Bill is the Department of Trade and Industry’s omnibus consumer protection legislation which has been passed by Parliament and is currently awaiting the President’s signature. -
Deliberate manipulation of securities prices will invariably and inevitably be harshly penalised
Deliberate manipulation of securities prices will be harshly penalised. That’s the clear message to emerge from the 17 February 2009 Financial Services Appeal Board case of Michael Berman vs the Financial Services Board . -
Unconstitutionality of the Competition Amendment Bill By Andrew Smith and Emmylou Wewege
It is hoped that the President will refer the Competition Amendment Bill to the Constitutional Court rather than sign it into to law so as to resolve its unconstitutionality and avoid unnecessary litigation. Failure to do so will spark constitutional challenges which will prevent it from being implemented while that litigation unfolds. -
New Laws in the Pipe Line to Decisively Respond to the Challenge of Climate Change
New laws may be in the pipeline in South Africa to address climate change after the South African Finance Minister’s (“the Minister”) Budget speech o n 11 February 2009. In the 2009 Budget speech, the Minister announced specific additional measures which South Africa will implement in responding to climate change. -
Big business beware – the class and derivative actions are coming! by Carl Stein
The trend over the past decade in the USA , and more recently in the UK after the enactment of its new Companies Act in 2006, towards more aggressive shareholder activism seems likely to be followed in South Africa once our new Companies Act becomes operative. This new Act is only awaiting the State President’s signature in order to become law, although it will only come into operation at least one year after the State President does so.