Earlier this year we published an article on the Telecommunications Act 1984 (which has now been superseded by the Communications Act 2003) and its implications for property owners. It was noted that the telecommunications operator, once it has entered into a written agreement with a land owner, will not only benefit from contractual rights but will also benefit from statutory powers conferred by the Telecommunications Code annexed to the Telecommunications Act 1984.

Issues often arise as to who may represent a patient at a Manager’s Hearing and the extent to which the patient and/or their "advocates" may obtain access to the Reports prepared in connection with that hearing. There are no formal rules of procedure specifically applicable to a Managers’ Hearing. The Code of Practice does, however, give some guidance. It is also appropriate to consider the provisions of the Mental Health Review Tribunal Rules insofar as they could be regarded as setting a stand

Dame Elizabeth Butler-Sloss, President of the Family Division of the High Court, recently addressed a conference on Withholding Treatment. She said that the law had a crucial role to play in resolving difficult decisions where patients, families and doctors did not agree on what would be in the best interests of a critically ill patient. It was often the role of the law to set limits on what was appropriate. She explained that, at the end of the day, it is for the judge to say whether the propos

With the forthcoming General Election, issues are likely to arise regarding the ability of patients to vote. The following article summarises the Statutory Regulations.

New, EU inspired, information and consultation regulations come into effect on 1 April 2005. Robert O’Donovan considers the dawn of a new era and whether there is scope for pre-emptive action to mitigate the effect of the new regulations.

The question of whether resuscitation ought to be attempted on an elderly patient has recently been reported in the media. It obviously raises sensitive and potentially very distressing issues for both the patient and the patient’s family.

The judgement in Clitheroe v Bond (2020) breathes new life into the Banks v Goodfellow test but also highlights the difficulty in the application of any defined test...

Sejal Raja reports on a Court of Appeal Judgment handed down recently which deals with the requirements necessary to achieve a valid Compromise Agreement.

2004 was not a good year for the small employer. Problems from increased family leave may have made the headlines, but there were two other technical changes which will add to small business costs.

The practice of ‘firing and re-hiring employees' has been scrutinised recently. The General Secretary of the Trades Union Congress has said that the process has "no place in modern Britain and must be outlawed",...

On 12 October 2017 at Basingstoke Magistrates Court District, Judge Loraine Morgan sentenced Southern Health NHS Trust in relation to a CQC prosecution for an offence under Regulation 12...

The government has recently published draft legislation and guidance for a new tax, expected to be included in the 2021-2022 Finance Bill.

What can be more stressful in a doctor's career than having to attend a conduct hearing before the General Medical Council? Not much. So if a doctor faces a hearing before the Professional Conduct Committee but is acquitted of serious professional misconduct, can he breathe a sigh of relief and put it behind him? Not any more.Welcome to the new regulatory world!

The controversial and fascinating case of Ilott v The Blue Cross & Others concluded on 15 March 2017 with the Supreme Court unanimously ruling in favour of the animal charities in a daughter's claim...

Flexible Working (Procedural Requirements) Regulations 2002 </I>(‘the Regulations’) came into force. The Regulations give an employee who has responsibility to look after a child the right to apply for flexible working, namely for a variation to their employment contract in respect of the hours, time and place they work. This is something that parents have been able to do in the past, albeit informally

The House of Lords on 13 November 2003 gave judgment in two important cases, <I>Brandenburg </I>and <I>IH</I>. They help to define the way mental health professionals must take into account recent rulings by Mental Health Review Tribunals (MHRTs) when making their own decisions about the care of patients discharged under the Mental Health Act.