Blood Transfusion in UK Law

It has long been the policy of the law that those who use violence on other people must take their victims as they find them. 'This in our judgment means the whole man, not just the physical man. It does not lie in the mouth of the assailant to say that his victim's religious beliefs which inhibited him from accepting certain kinds of treatment were unreasonable. The fact that the victim refused to stop this end coming about did not break the causal connection between the act and death.

A set-off of costs against costs, when all are incurred in the prosecution or defence of the same action, seems so natural and equitable as not to need any special justification. I would expect a party objecting to the set-off to give some special reason for the objection. It is, in my opinion, less obvious that a set-off of costs against damages would always be justified.

In matters of religion, as in all other aspects of a child's upbringing, the interests of the child are the paramount consideration.

Within days of the assessment Mr. Thoars was readmitted to hospital for a blood transfusion. As the documents make clear, whilst there were small improvements in his medical state, his underlying condition remained serious. He was in hospital for the purposes of the blood transfusion from 15th July until 23rd July 1996. When released, he was released on terms that he would return for a twice-weekly review.

The court has power to make any section 8 order of its own motion in any "family proceedings" in which a question arises with respect to the welfare of any child: see s 10(1)(b). Proceedings under the inherent jurisdiction of the High Court are family proceedings for this purpose: see s 8(3)(a).

Provided that the inability to refuse is "because of or for a reason related to a mental disorder" (s 30(1)(c)), and the other ingredients of the offence are made out, the perpetrator is guilty. The words "for any other reason" are clearly capable of encompassing a wide range of circumstances in which a person's mental disorder may rob them of the ability to make an autonomous choice, even though they may have sufficient understanding of the information relevant to making it.

My Lords, it is difficult to think of an activity which is more person and situation specific than sexual relations. One consents to this act of sex with this person at this time and in this place. Autonomy entails the freedom and the capacity to make a choice of whether or not to do so. This is entirely consistent with the respect for autonomy in matters of private life which is guaranteed by article 8 of the European Convention on Human Rights.