Access to Justice

A NHS Foundation Trust v MC [2020] EWCOP 33 (23 June 2020) How to determine “best interests” in the case of an adult lacking capacity, where a proposed medical donation for the benefit of a close relative may cause lasting harm to the donor? Here, MC was the subject of an application by an NHS Trust seeking the court’s consent for the harvesting of peripheral blood stem cells so they can be donated to her…
It is just over five years since the landmark United States Supreme Court decision in the case of Obergefell v Hodges (26 June 2015), and just over fifty-one years since the Stonewall riots (28 June 1969). To the many important dates in Pride Month must now be added 15 June 2020, the date of the Supreme Court’s decision in Bostock v Clayton County, which confirmed that is, in fact, illegal to fire an employee…
University Hospital and Warwickshire NHS Trust v K and another [2020]  EWCOP 31 This case is a timely illustration of the unenviable task faced by judges, doctors and mental health professionals during Lockdown. This judgment was delivered following a remote hearing conducted on a video conferencing platform of an urgent application brought by the University Hospital Coventry and Warwickshire NHS Trust. In this final hearing, held remotely, the Trust have asked the Court of Protection…
In the News: Together with anti-racism protests sparked by the death of George Floyd, the coronavirus pandemic has continued to dominate the news. Two recently published reports have highlighted flaws in the government’s response in relation to the provision of social security and domestic abuse support during the crisis. The pandemic has propelled an estimated 3 million new claimants onto universal credit, prompting fresh criticisms of the UK’s social security system. On 22 June, the…
In Re X (Parental Order: Death of Intended Parent Prior to Birth) [2020] EWFC 39 the Family Court read down section 54 of the Human Fertilisation and Embryology Act 2008 to enable a parental order to be granted where an intending parent died shortly before the child’s birth. This ensured the child’s Article 8 and 14 rights were protected, and prevented much emotional hardship for this family. The case has already been cited in Re…
It is now over a month since the death of George Floyd.  The UK Human Rights Blog and Law Pod are committed to continuing the conversation about racism in the UK prompted by his death and the Black Lives Matter protests. Michael Paulin has discussed a number of issues in his recent article. The beginning of this week marked Windrush Day, introduced in June 2018 on the 70th anniversary of the Windrush migration, to…
One of the few companies doing regular research on trends in the legal industry and sharing that information publicly is Clio. The practice management company already broke ground with its Legal Trends Report. But researchers there have upped their game, pulling and publishing data more regularly to track the industry during the pandemic. Jack Newton Clio CEO and co-founder Jack Newton is giving regular industry briefings on the data and I was able listen…
The vigilant gaze of the European Commission will begin to turn away from UK when the post-Brexit transition period ends at the turn of the year. The Commission has used its powers as the ‘guardian of the treaties’ to enforce EU laws relating to nature conservation, waste and air pollution. Its absence will leave a governance gap, and replacement institutions are needed to ensure that environmental laws are enforced. The UK Environment Bill proposes…
In the news This week the UK government lowered the COVID-19 alert level from level 4 to level 3, with non-essential shops reopening for business on 15 June. July 4 will be “the next big stage” in the government’s plan; it is expected that pubs and restaurants may reopen then. The 2m social distancing rule is under review, and the government have implied that it may be lifted soon. Meanwhile, the contact tracing app which…