Informed Consent in UK Law

  • Chester v Afshar
    • House of Lords
    • 14 October 2004
    ... ... The claimant was entitled to be informed of this fact. In breach of the common law duty of care the surgeon failed ... with the benefit of further medical advice have given or refused consent to surgery. What is clear is that if she had agreed to surgery at a ... ...
  • Sidaway (A.P.) v Bethlem Royal Hospital and The Maudesley Hospital Health Authority and Others
    • House of Lords
    • 21 February 1985
    ... ... Her case is that she was not informed of a risk inherent in the operation, that the risk materialised with the ... Sidaway consented to the operation. She signed the usual consent form, in which she declared that the nature and purpose of the operation ... ...
  • Royal Bank of Scotland Plc v Etridge (No 2); Kenyon-Brown v Desmond Banks & Company (Undue Influence) (No 2); Bank of Scotland v Bennett; UCB Home Loans Corporation Ltd v Moore; National Westminster Bank Plc v Gill; Midland Bank Plc v Wallace; Barclays Bank Plc v Harris; Barclays Bank Plc v Coleman
    • House of Lords
    • 11 October 2001
    ... ... or 'undue' influence, and hence unacceptable, whenever the consent thus procured ought not fairly to be treated as the expression of a ... , the signature of such documents may not represent any reality of informed consent. The need to guard against lack of comprehension is important and ... ...
  • Phipps v Boardman
    • House of Lords
    • 03 November 1966
    ... ... to make an offer for the shares themselves, did they ask your consent on behalf of the Trust or anything like that?" ... Boardman who had become chairman of Lester & Harris, Ltd., informed the shareholders of that company that the Australian business had been ... ...
  • Montgomery v Lanarkshire Health Board
    • Supreme Court (Scotland)
    • 11 March 2015
    ... ... invited by counsel to accept that Mrs Montgomery should have been informed of the risk of shoulder dystocia if vaginal delivery was proposed and that ... to the contrary, that a patient's right to decide whether to consent to the treatment was so obvious that no prudent medical practitioner could ... ...
  • Bristol and West Building Society v Mothew
    • Court of Appeal (Civil Division)
    • 24 July 1996
    ... ... The Defendant was informed of these arrangements and gave an undertaking to the bank to hold the ... On 25th. November the Defendant applied to the Society for its consent to the registration of the second charge in favour of the bank. The ... ...
  • FHR European Ventures LLP v Mankarious
    • Supreme Court
    • 16 July 2014
    ... ... part of Cedar for having failed to obtain the claimants' fully informed consent in respect of the €10m, and (ii) order Cedar to pay such sum to ... ...
  • Barclays Bank Plc v O'Brien
    • House of Lords
    • 21 October 1993
    ... ... debtor and the surety was known to the creditor (2) the surety's consent was obtained by undue influence or by misrepresentation or without "an ... reasonable steps to ensure that the surety had given a true and informed consent to the transaction. The Court of Appeal preferred the special ... ...
  • Re T (an Adult) (Consent to Medical Treatment)
    • Court of Appeal (Civil Division)
    • 30 July 1992
    ... ... According to her father they discussed the beliefs of the Jehova's Witnesses in May or June of this year and she informed him that she was not a Jehova's Witness. Mr. T. has also said in an affidavit that "there has never been anything whatsoever in [Miss T.'s] actions ... ...
  • Phipps v Boardman
    • Court of Appeal
    • 26 January 1965
    ... ... In the witness box when asked if they asked his consent, Mr. Fox replied: "I do not know that they asked my consent. I was only ... year 1959- If not, the defendants would still need to have the informed consent of the trustees or those interested in the trust to the defendants ... ...
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