Bodily Integrity in UK Law

Leading Cases
  • Montgomery v Lanarkshire Health Board
    • Supreme Court (Scotland)
    • 11 Mar 2015

    An adult person of sound mind is entitled to decide which, if any, of the available forms of treatment to undergo, and her consent must be obtained before treatment interfering with her bodily integrity is undertaken. The doctor is therefore under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments.

  • Bici and Another v Ministry of Defence
    • Queen's Bench Division
    • 07 Abr 2004

    In trespass, any unlawful interference with the bodily integrity of the claimant will not be unlawful if it is justified, and it will be justified if the defendant can establish that the claimant's conduct was such that the defendant reasonably apprehended that he would be imminently attacked and used reasonable force to protect himself.

  • Bolton Metropolitan Borough Council v Municipal Mutual Insurance Ltd and another
    • Court of Appeal (Civil Division)
    • 06 Feb 2006

    He relied on the miniscule changes which, as described above, preceded the genetic changes which gave rise, at a later date, to the existence of cancerous cells; in other words injury occurred at the point when the body's natural defence mechanisms were operating to destroy or neutralise the fibres as soon as they were inhaled. This was the time when, according to MMI, accidental injury occurred.

  • Airedale NHS Trust v Bland
    • House of Lords
    • 04 Feb 1993

    First, it is established that the principle of self-determination requires that respect must be given to the wishes of the patient, so that if an adult patient of sound mind refuses, however unreasonably, to consent to treatment or care by which his life would or might be prolonged, the doctors responsible for his care must give effect to his wishes, even though they do not consider it to be in his best interests to do so (see Schloendorff v. Society of New York Hospital 105 N.E. 92, 93, per Cardozo J. (1914); S. v. McC. (Orse S.) and M (D.S. Intervener); W v. W [1972] A.C. 24, 43, per Lord Reid; and Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital [1985] A.C. 871, 882, per Lord Scarman).

    In my view, the correct answer to the present case depends on the extent of the right to continue lawfully to invade the bodily integrity of Anthony Bland without his consent. If in the circumstances they have no right to continue artificial feeding, they cannot be in breach of any duty by ceasing to provide such feeding.

    If I am right so far in my analysis, the critical decision to be made is whether it is in the best interests of Anthony Bland to continue the invasive medical care involved in artificial feeding. "Is it in Anthony Bland's best interests that he should die?" The latter question assumes that it is lawful to perpetuate the patient's life: but such perpetuation of life can only be achieved if it is lawful to continue to invade the bodily integrity of the patient by invasive medical care.

  • R (West) v Parole Board
    • Court of Appeal (Civil Division)
    • 14 Nov 2002

    At first blush, therefore, and without the benefit of hearing full argument on the subject, I would expect to conclude that this was at least the determination of his civil rights and obligations and that Article 6(1) was thus engaged. The requirements of a fair hearing may differ according to the subject matter but they would include the right to be heard and to be represented by counsel, albeit not necessarily at public expense.

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Legislation
  • Sentencing Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... (ii) section 18 (wounding with intent to cause grievous bodily harm); . (iii) section 20 (malicious wounding); . (iv) section 23 ... regulation 11(6) of the Electricity and Gas (Market Integrity and Transparency) (Criminal Sanctions) Regulations 2015 ( S.I. 2015/979); ......
  • The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... of the processing and self-monitoring, and ensuring proper data integrity and security. . (2) A log or documentation prepared under paragraph (1) .... 23. Murder, grievous bodily injury. . 24. Illicit trade in human organs and tissue. . 25. ......
  • The Space Industry Regulations 2021
    • UK Non-devolved
    • 1 de Enero de 2021
    ...... any action that compromises the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or the related ... which may be incurred by the operator in respect of the death of or bodily injury to any person or damage to property not covered by section 34(2). . ......
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ...... for the purpose of furthering the efficiency, effectiveness or integrity of the police as the Secretary of State may from time to time direct.". ... . . (c) section 18 (wounding with intent to cause grievous bodily harm),. . . (d) section 20 (malicious wounding),. . . (e) section 21 ......
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Books & Journal Articles
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Law Firm Commentaries
  • COVID-19: what next for UK employers, Part 1
    • LexBlog United Kingdom
    At the end of our What Next webinar this week I announced boldly that either we had had no questions from the floor or I had done something hideous to the IT and lost them. With depressing predicta...
    ...... immunity; the regulations interfere with the public’s right to “bodily integrity” and are severe and disproportionate; they will ......
  • Implied Consent Or Informed Consent? Organ Donation In Scotland
    • Mondaq UK
    ......There is a risk of undermining the individual's bodily integrity while responding to the need to increase the organ donation ......
  • Supreme Court takes expansive view of English court jurisdiction for tort claims
    • JD Supra United Kingdom
    The Supreme Court has considered the meaning of the word “damage” in the tort jurisdiction gateway contained in the Civil Procedure Rules, which permits service of English proceedings in tort on a ...
    ...... first and most important interest protected by the law of tort was bodily integrity.  A tort against bodily integrity is complete at the time of ......
  • Montgomery Matters: The RCS Issues Guidance On Consent
    • Mondaq UK
    ...... be obtained before commencing any treatment interfering with their bodily integrity.  The doctor is under a duty to ensure that the patient is ......
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