Legal Update
McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) – UKSCBlog
This case is concerned with the extent to which a doctor is required, under the duty of care owed to a patient, to inform the patient about alternative possible treatments to the one that is being recommended. In Montgomery v Lanarkshire Health Board [2015] UKSC 11 (“Montgomery”), the Supreme Court held that a doctor is […]
This Week in the Supreme Court – w/c 10th July 2023 – UKSCBlog
Hearings in the Supreme Court are now shown live on the Court’s website. On Wednesday 12th July the Court will hand-down two judgments: Philipp v Barclays Bank UK PLC [2023] UKSC 25. The Court will determine three questions, (1) Does the Quincecare duty have any application in a case where the relevant payment instruction was […]
R (on the application of Officer W80) v Director General of the Independent Office for Police Conduct and others [2023] UKSC 24. – UKSC Blog
W80, an armed police officer, shot Jermaine Baker dead in a police operation. Mr Baker was implicated in a plot to snatch two individuals from custody. The police had intelligence that the plotters would be in possession of firearms. W80’s account was that during the intervention, Mr Baker’s hands moved quickly up to a shoulder […]
McCulloch and Ors v Forth Valley Health Board – UKSC Blog
In this post, Anna Walsh (Partner) and Nicole Ellerby (Associate) in CMS’ medical malpractice team considered the awaited decision from the Supreme Court in the Scottish case of McCulloch and Ors v Forth Valley Health Board [2021] CSHI 21. Overview The appeal of the decision in McCulloch and Ors v Forth Valley Health Board [2021] […]
Unger and another (in substitution for Hasan) v Ul-Hasan (deceased) and another [2023] UKSC 22. – UKSC Blog
Nafisa Hasan (“the wife”) and Mahmud Ul-Hasan (“the husband”) married in 1981. In 2012 in Pakistan the husband obtained a divorce. The wife applied to the courts in England and Wales for financial relief under section 12(1) of the Matrimonial and Family Proceedings Act 1984 (“the 1984 Act”) on the basis that the divorce was […]
R (on the application of Toraane and another) v Secretary of State for the Home Department [2023] UKSC 23 – UKSC Blog
The public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a […]
R (on the application of Maguire) v His Majesty’s Senior Coroner for Blackpool & Fylde and another [2023] UKSC 20 – UKSC Blog
This appeal is concerned with the conduct of an request into the death of Ms Jacqueline Maguire (“Jackie”) who died in hospital on 22 February 2017, and the impact upon this of article 2 of the European Convention on Human Rights (the “Convention ”), which concerns the right to life. Jackie, who had Down’s Syndrome, […]
R (on the application of Wang and another) v Secretary of State for the Home Department [2023] UKSC 21 – UKSC Blog
This appeal relates to the interpretation of the Immigration Rules, in particular the Tier 1 (Investor) Migrant regime (as in force in December 2017 – it has since been closed). This regime was designed to grant leave to remain to high-net-worth individuals making a substantial financial contribution to the UK. To qualify individuals were required […]
This Week in the Supreme Court – w/c 19th June 2023 – UKSCBlog
Hearings in the Supreme Court are now shown live on the Court’s website. On Wednesday 21st june the Court will hand-down two judgments at 9:45am in Courtroom 1: R (on the application of Maguire) v His Majesty’s Senior Coroner for Blackpool & Fylde and another [2023] UKSC 20. The Court will determine whether the death […]
Paul and another v Royal Wolverhampton NHS Trust (2) Polmear and Anor v Royal Cornwall Hospitals NHS Trust and (3) Purchase v Ahmed – UKSCBlog
In this post, Isabel Emerson, Senior Associate, and Anna Walsh, Partner, in the Clinical Risk and Medical Advisory and Professional Discipline and Regulatory team at CMS preview the decision awaited from the Supreme Court in Paul and another v Royal Wolverhampton NHS Trust (2 ) Polmear and Anor v Royal Cornwall Hospitals NHS Trust and […]