The ‘reasonable patient’ of 2025 envisioned (Preprint)

2021 ◽  
Author(s):  
Jack Dowie ◽  
Mette Kjer Kaltoft
Keyword(s):  
Decision Making ◽  
Medical Education ◽  
Medical Research ◽  
Supreme Court ◽  
Integrated Care ◽  
Medical Practice ◽  
Uk Supreme Court ◽  
Definition Of ◽  
The Uk ◽  
Made In

UNSTRUCTURED . The verdict of the UK Supreme court in the case of Bellman versus Boojum-Snark Integrated Care Trust (2025) will have profound implications for all medical practice, medical education and medical research, as well as the regulation of medicine and allied healthcare fields. Major changes will result from the judgment made in favour of Bellman’s negligence claim, reflecting an expanded and more precise definition of informed and preference-based consent, compared with that in Montgomery (2015) and also with the principles laid out in the UK GMC guidance on Decision Making and Consent (2020). (In case of doubt, this is a vision paper.)

Winner of the SLS Annual Conference Best Paper Prize 2014: Reframing the judicial diversity debate: personal values and tacit diversity

Legal Studies ◽  
2015 ◽  
Vol 35 (1) ◽  
pp. 1-29 ◽  
Author(s):  
Rachel J Cahill-O'Callaghan
Keyword(s):  
Decision Making ◽  
Supreme Court ◽  
Personal Values ◽  
Psychological Theory ◽  
Annual Conference ◽  
Judicial Decisions ◽  
House Of Lords ◽  
Uk Supreme Court ◽  
The Uk ◽  
The Impact

It has long been argued that the Judicial Committee of the House of Lords, now the UK Supreme Court, is characterised by Justices who are white and male, with a public school and Oxbridge education. Despite continuous debate and reflection on the lack of diversity, by academics, government and the popular press, little has changed. These debates have centred on explicit diversity, overt characteristics that are easily codified and reflect how the judiciary is seen. Drawing on the psychological theory of decision making, this paper argues that judicial decisions are subject to tacit influences that are not limited to overt characteristics. Personal values serve as one such tacit influence on decision making. Personal values are formed by life experiences and reflect many of the characteristics identified within the explicit diversity debates. However, personal values are influenced by more than simple demographic variables. This paper uses the example of personal values to highlight the fact that despite the lack of explicit diversity, there is an element of tacit diversity in the Supreme Court, which is reflected in judicial decisions. The impact of these findings serves to extend the debates surrounding diversity, highlighting the limitation of debates centred on explicit diversity alone.

Important Bermuda trust decision concerning settlor’s wishes

2019 ◽  
Vol 25 (8) ◽  
pp. 861-863
Author(s):  
Keith Robinson
Keyword(s):  
Decision Making ◽  
Supreme Court ◽  
Important Decision ◽  
The Supreme Court ◽  
Uk Supreme Court ◽  
The Uk ◽  
The Impact ◽  
Relevant Consideration

Abstract The intersection between the court’s power to bless the decision of a trustee and the impact of a settlor’s wishes on trustee decision-making has recently been considered by the Supreme Court of Bermuda in the important decision of In the Matter of the R Trust. In blessing the decision of the trustee in this case, the court referred with approval of the dicta of the UK Supreme Court in Pitt v Holt that the settlor’s wishes are simply a “relevant consideration”.

scholarly journals The UN Foreign (Terrorist) Fighter Regime and International Criminal Law

2018 ◽  
Vol 112 ◽  
pp. 310-314
Author(s):  
Moira Macmillan
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Legal Issues ◽  
International Criminal Law ◽  
Uk Supreme Court ◽  
Definition Of ◽  
The Uk

I am going to consider the UN Foreign (Terrorist) Fighter FTF regime from a different perspective, by exploring how the regime interacts with both the international law relating to terrorism and international criminal law. I will to do this by looking first at the definition of terrorism and then at how the UK Supreme Court approached the issue of terrorism and armed conflict. In addition, I am going to apply a little prosecutorial pragmatism to these difficult legal issues, and suggest that we focus on the crime.

REFLECTIVE LOSS IN THE UK SUPREME COURT

2020 ◽  
Vol 79 (3) ◽  
pp. 411-414
Author(s):  
Stephen Laing
Keyword(s):  
Supreme Court ◽  
Uk Supreme Court ◽  
The Uk

Micula v Romania between International Investment Law and European Law – The UK Supreme Court Judgement – the Final or the NEXT PIece of the Puzzle?

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Steliyana Zlateva ◽  
◽  
◽  
Keyword(s):  
Supreme Court ◽  
International Investment ◽  
European Law ◽  
Eu Law ◽  
International Investment Law ◽  
Investment Treaty ◽  
Investment Law ◽  
Uk Supreme Court ◽  
The Uk ◽  
The Eu

The Judgement of the United Kingdom’s Supreme Court in the long Micula v. Romania investment treaty dispute confirmed that the arbitral awards of the International Centre for Settlement of Investment Disputes (ICSID), rendered by tribunals established under intra-EU BITs, could be enforced in the UK. The Micula case concerns the interplay between the obligations under the ICSID Convention and EU law. In particular, it addresses the question of whether the award obtained by the Micula brothers against Romania constitutes state aid prohibited by EU law, as well as the enforcement obligations under the ICSID Convention in view of the EU duty of sincere cooperation.

The constitutional influence of the Judicial Committee of the Privy Council on the UK apex court: institutional proximity and jurisprudential divergence?

2020 ◽  
Vol 71 (2) ◽  
pp. 285-302
Author(s):  
Roger Masterman
Keyword(s):  
Supreme Court ◽  
Ad Hoc ◽  
Court Decisions ◽  
Privy Council ◽  
House Of Lords ◽  
Uk Supreme Court ◽  
Proportionality Test ◽  
The Uk ◽  
The Relationship

It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers the relationship between the House of Lords/UK Supreme Court and the Judicial Committee and its effect on the importation of external influences into the UK’s legal system(s), further seeking to assess how far the jurisprudence of the Judicial Committee has influenced constitutional decision-making in the UK apex court. While ad hoc citation of Privy Council authorities in House of Lords/Supreme Court decisions is relatively commonplace, a post-1998 enthusiasm for reliance on Judicial Committee authority – relating to (i) a ‘generous and purposive’ approach to constitutional interpretation and (ii) supporting the developing domestic test for proportionality – quickly faded. Both areas are illustrative of a diminishing reliance on Judicial Committee authority, but reveal divergent approaches to constitutional borrowing as the UK apex court has incrementally mapped the contours of an autochthonous constitutionalism while simultaneously recognising the trans-jurisdictional qualities of the proportionality test.

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