Informed Consent in UK Law

Leading Cases
  • Bristol and West Building Society v Mothew
    • Court of Appeal (Civil Division)
    • 24 July 1996

  • Airedale NHS Trust v Bland
    • House of Lords
    • 04 February 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).

  • Chester v Afshar
    • House of Lords
    • 14 October 2004

    The function of the law is to enable rights to be vindicated and to provide remedies when duties have been breached. Unless this is done the duty is a hollow one, stripped of all practical force and devoid of all content. It will have lost its ability to protect the patient and thus to fulfil the only purpose which brought it into existence.

  • FHR European Ventures LLP v Mankarious
    • Supreme Court
    • 16 July 2014

    The following three principles are not in doubt, and they are taken from the classic summary of the law in the judgment of Millett LJ in Bristol and West Building Society v Mothew [1998] Ch 1, 18. Because of the importance which equity attaches to fiduciary duties, such "informed consent" is only effective if it is given after "full disclosure", to quote Sir George Jessel MR in Dunne v English (1874) LR 18 Eq 524, 533.

  • R v Konzani (Feston)
    • Court of Appeal (Criminal Division)
    • 17 March 2005

    If an individual who knows that he is suffering from the HIV virus conceals this stark fact from his sexual partner, the principle of her personal autonomy is not enhanced if he is exculpated when he recklessly transmits the HIV virus to her through consensual sexual intercourse. Accordingly, in such circumstances the issue either of informed consent, or honest belief in it will only rarely arise: in reality, in most cases, the contention would be wholly artificial.

  • Hurstanger Ltd v Wilson and another
    • Court of Appeal (Civil Division)
    • 04 April 2007

    The passage which I have quoted was muddled although, read carefully, for the reasons given by Mr Seymour, it may not in fact have been ambiguous. But it could and should have been clearer and informed the defendants that a commission was to be paid and its amount and done so in terms which made it clear that the defendants were being asked to consent to this.

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Legislation
  • Space Industry Act 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present ... Individuals taking part in spaceflight activities etc ... 17: Informed" consent ... (I26I1341) The holder of an operator licence (the “licensee\xE2" ... ...
  • Disability Discrimination Act 1995
    • UK Non-devolved
    • January 01, 1995
    ... ... the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present ... of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment is reasonable in that case;(c) ... ...
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present ... on the premises and to any person who does not live there but was informed (under section 76(6) ) that the notice was going to be issued ... (3) If ... ...
  • Criminal Justice (Scotland) Act 2016
    • Scotland
    • January 01, 2016
    ... ... (2) The person must be informed as soon as reasonably practicable—(a) that the person is under no ... 2017/345, art. 3, sch. (with arts. 4, 7) ... 33: Consent to interview without solicitor ... (1) Subsections (2) and (3) apply for ... ...
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Books & Journal Articles
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Law Firm Commentaries
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