Informed Consent in UK Law
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Bristol and West Building Society v Mothew
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A fiduciary is someone who has undertaken to act for or on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. A fiduciary must act in good faith; he must not make a profit out of his trust; he must not place himself in a position where his duty and his interest may conflict; he may not act for his own benefit or the benefit of a third person without the informed consent of his principal.
A fiduciary who acts for two principals with potentially conflicting interests without the informed consent of both is in breach of the obligation of undivided loyalty; he puts himself in a position where his duty to one principal may conflict with his duty to the other: see Clark Boyce v Mouat [1994] 1 AC 428 and the cases there cited. This is sometimes described as "the double employment rule". Breach of the rule automatically constitutes a breach of fiduciary duty.
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Airedale NHS Trust v Bland
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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).
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Chester v Afshar
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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.
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FHR European Ventures LLP v Mankarious
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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.
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Montgomery v Lanarkshire Health Board
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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.
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R v Konzani (Feston)
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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.
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Crime and Security Act 2010
... ... 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 ... this subsection) he has been charged with a recordable offence or informed that he will be reported for such an offence and—(a) he has not had his ... ...
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Anti-social Behaviour, Crime and Policing Act 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 ... ...
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The Public Contracts Regulations 2015
... ... in an Act of the Northern Ireland Assembly made without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act ... (15) Having declared that the dialogue is concluded and having so informed the remaining participants, contracting authorities shall ask each of them ... ...
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Adoption and Children Act 2002
... ... the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present ... request information about adopting a child,(b) any person who has informed the authority that he or she wishes to adopt a child,(c) any person within ... ...
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Informed consent in probation and parole settings
Purpose: – The purpose of this paper is to explore the complex factors associated with informed consent in probation and parole settings. Design/methodology/approach: – The author conducted a lite...
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Informed consent with people judged incapable of legally consenting
Purpose: The purpose of this study is to consider informed consent with those who may be legally judged incapable of consent. Frequently individuals with traumatic brain injuries and intellectual d...
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The HIV testing of a man with learning disabilities: informed consent, confidentiality and policy
Informed consent, confidentiality, disclosure, policy and the wider consequences of HIV testing are issues explored in this paper concerning a man with learning disabilities who tested positive for...
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Informed Consent and End-of-Life Decisions: Notes of Comparative Law
Informed consent for medical treatment is often said to be a legal issue which is as much discussed as little understood. This article develops an analysis of the concept of informed consent partic...
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Informed Consent Principles (UK)
The English Court of Appeal in a June 2018 judgment confirmed the principles relating to informed consent in medical malpractice claims. A woman had been suffering painful, heavy periods and lower ...
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Informed consent principles in the UK
The English Court of Appeal in a June 2018 judgment confirmed the principles relating to informed consent in medical malpractice claims. A woman had been suffering painful, heavy periods and lower ...
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Evidence for permission to enter Memorandum of Satisfaction on Bill of Sale (Bills of Sale Act 1878, s.15; PD8A para 11.5)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... (date) I was present and saw (name) of (address) sign the annexed consent, marked “A”, to an order that a memorandum of satisfaction be written ... 3. I am informed by (name) and believe that the debt, interest and costs due under the bill ... ...
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Consent to the placement of my child for adoption with any prospective adopters chosen by the Adoption Agency. Section 19 of the Adoption and Children Act 2002
Forms relating to adoption, including those to request adoption, placement and parental orders.... ... also ask not to be informed when the adoption application is made ... I have not received any payment or reward from any person making arrangements for the adoption of my ... ...
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Consent to the placement of my child for adoption with identified prospective adopter(s) and, if the placement breaks down, with any prospective adopter(s) chosen by the adoption agency. Section 19 of the Adoption and Children Act 2002
Forms relating to adoption, including those to request adoption, placement and parental orders.... ... also ask not to be informed when the adoption application is made ... I have not received any payment or reward from any person making arrangements for the adoption of my ... ...
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Consent to the placement of my child for adoption with identified prospective adopters. Section 19 of the Adoption and Children Act 2002
Forms relating to adoption, including those to request adoption, placement and parental orders.... ... also ask not to be informed when the adoption application is made ... I have not received any payment or reward from any person making arrangements for the adoption of my ... ...