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...prolonging treatment as shown by such English authority as there is: see In re B. (A Minor) (Wardship: Medical Treatment) [1981] 1 W.L.R. 1421, 1424B–G; In ...-General [1981] A.C. 718; In re B. (A Minor) (Wardship: Sterilisation) [1988] A.C. 199; Buck v. Bell (1927) 274 U.S. 200..., or a therapeutic sterilisation: In re E. (A Minor) (Medical Treatment) [1991] 2 F.L.R. 585; In re G.F. (Medical Treatment) [1992] 1 F.L.R. 293.) The reasons for...
...with medical practice, the responsibility for the decision rests with the doctors; the medical duty is the test.(g) He referred to In re. B. (a minor) (Wardship Medical Treatment) [...this jurisdiction, the first and paramount consideration is the well-being, welfare or interests of the ward. 168. As stated by Lord Hailsham L.C. in Re B. (A Minor) (Wardship...jurisdiction in the High Court, as both sub-sections 1 and 2 of it describe it as doing, the extent of which jurisdiction is described and identified by subclauses (a) and (b) by reference to jurisdictions...
...against the council (R.S.C., Ord. 16, r. 1(b)(c)); it could have been started by a separate writ and consolidated with or ordered to be tried with [the passenger's] action: Ord. 4, r. 9...Watts v. Morrow [1991] 1 WLR 1421 at 1445: "A contract-breaker is not in general liable for any...winding up the liquidator may be liable to the company for negligence on his part in making a compromise: see In re Windsor Steam Coal Co. (1901) Ltd [1929] 1 Ch. 151; In re Home...
.... 1421 Tolstoy v. Aldington [1995] 1 W.L.R. 736 I see nothing in these authorities to contradict the contention of Mr. Mansfield Q.C. for the appellants that a...solicitors in relation to matters that have vested in the trustee in bankruptcy citing Motion v Moojen (1872) L.R. 14 EQ 202, and Heath v Tang [1993] 1 W.L.R. 1421; second...minor or a person of unsound mind. Yonge v Toynbee is an example of the latter case. But, in such cases, it is I think of some importance (1) that the persons or entities simply have no power to retain...
..."touchstone of intolerability" in those cases where a balancing exercise is to be carried out. In Re B (A Minor) (Wardship: Medical Treatment) [1981] 1 WLR 1421,...by the House of Lords in Re F (Mental Patient: Sterilisation) [1990] 2 AC 1 that where a patient is unable to consent to treatment it is lawful to...interfere with his decision if satisfied that it was wrong: Re B (A Child) (Care Proceedings: Appeal) [2013] UKSC 33...
...have been made recently regarding proof of allegations of sexual abuse of children: see In re G (A Minor) (Child Abuse: Standards of Proof) [1987] 1 W.L.R 1461,1466, and In re W..., in In re G (A Minor) ( Child Abuse: Standard of Proof) [1987] 1 W.L.R. 1461,1466, and In re W (Minors) (Sexual Abuse: Standard of Proof) [1994] 1 F.L.R. 419.... [1993] 1 F.L.R. 281, rejected an argument that "likely to suffer significant harm" was to be equated with "on the balance of probabilities". In In re A (A Minor) (Care...
...need first to look at the decision of this court in Re B (A minor) (Wardship: Medical Treatment) [1981] 1 WLR 1421 (hereinafter Re B). B was ...treats the language used by Templeman and Dunn LJJ in Re B (a minor) (wardship: medical treatment) [1990] 3 All ER 927 at 929 930, [1981] 1 WLR 1421 at 1...that a best interests "test" based on the intolerability of the child's quality of life has its origins in (1) extempore dicta in Re B not approved by the majority in Re J and (2) in only one of the...
... B (A Minor), In re [1999] UKHL 11; [1999] 2 All ER 576; [1999] 2 WLR 714 (11th March, 1999) HOUSE OF LORDS Lord Nicholls of Birkenhead Lord Hoffmann Lord Hope of Craighead Lord Hutton...Lord Millett OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE IN RE B (A MINOR) (A.P.) (APPELLANT) ON 11 MARCH 1999 LORD NICHOLLS OF BIRKENHEAD My Lords, I have had the...child to acquire a right of abode. This is what Cross J. in In re A. (An infant) [1963] 1 W.L.R. 231, 236, called an "accommodation" adoption. The second proposition is...
...observed in Heath v Tang [1993] 1 WLR 1421, 1424, where the bankrupt is the defendant, he has no further interest in the defence...1421. If the bankrupt is the defendant, an action which the trustee does not adopt is liable to be stayed under section 285(1) and (2) of the Insolvency Act 1986. If, however, the trustee does...Introduction1. This is an application for directions in a pending appeal for which permission was granted by this court on 25 March 2014. 2. The appeal...
...Parliamentary Archives,HL/PO/JU/18/255 P1 and others (minors) (A.P.) (Appellants) v. BedfordshireCounty council (Respondents)In re M (a minor) (1994) (A.P....) and another (A.P.) (Appellant)In re E (a minor) (1994) (A.P.) (Respondent)Christmas (A.P.) (Respondent) v. Hampshire County Council(Appellants)Keating...BedfordshireCounty Council, In re M (a minor) (1994) and another, In re E (aminor) (1994), Christmas against Hampshire County Council andKeating against Mayor etc. of the London Borough of Bromley, Thatthe...
...interests of a child, doctors can withhold or decline to initiate treatment, even where the inevitable result will be the death of the child (see, for example, the Court of Appeal decision in Re B (a minor...) (wardship: medical treatment) [1981] 1 WLR 1421...) The duties imposed by subsections (1) to (7) also apply in relation to the exercise of any powers which— (a) are exercisable under a lasting power of attorney, or (b) are...
...), the threshold criteria is not concerned with intent or blame but rather with an objective standard of care. Ryder LJ in the case of Re S (A Child) [2014] 1 FLR 1421 highlighted that...provided sound reasons are given for doing so ( Re B (Care: Expert Witnesses) [1996] 1 FLR 667 at 670 per Ward LJ). D: Determining the facts is a...Lord Hoffmann observed in Re B: "If a legal rule requires facts to be proved (a 'fact in issue') the judge must decide whether or not it happened. There is no room for a finding that it might have...
...page 113A line of cases from 1981 has, in my judgment, clearly established the approach of the court to these most difficult and anxious questions. In Re B (A Minor) (Wardship: Me...evidence disclosed that if the operation was performed the child would live the normal span of life of a mongol. The House of Lords in Re B (A Minor) [Wardship: Sterilisation...Treatment) [1981] 1 WLR 1421, the child was born suffering from Down`s Syndrome and from an intestinal blockage which required to be relieved by an operation if she were not to die...
.... Choices have to be made: see the judgment of Sir Thomas Bingham MR in R v Cambridge Health Authority, Ex parte B [1995] 1 WLR 898. Similarly there comes a point at which the object of..., 1. The liquidators of the Bank of Credit and Commerce International SA appeal against a decision of the Court of Appeal ([2000] ICR 1410) reversing a decision of.... This proposition was asserted by Lord Keeper Henley in Salkeld v Vernon (1758) 1 Eden 64, 28 ER 608, in a passage quoted in paragraph 11 below. It was...
...anxious questions. In Re B (A Minor) (Wardship: Medical Treatment) [1981] 1 WLR 1421, the child was born suffering from Down�s Syndrome and from an intestinal blockage wh...parents should be respected. In that case the evidence disclosed that if the operation was performed the child would live the normal span of life of a mongol. The House of Lords in Re B (A Minor...Sir Thomas Bingham MR in Re Z [1996] 2 WLR 88 at page 113 A line of cases from 1981 has, in my judgment, clearly established the approach of the court to these most difficult and...
...to build a house, or to do repairs to it, or in respect of damage done to it (Dodd Properties (Kent) Ltd. v. Canterbury C.C. [1981] 1 W.L.R... [Buy ICLR report: [1991] 1 WLR 1421] JISCBAILII_CASE_CONTRACT BAILII Citation Number: [1991] EWCA Civ 9 Case No. IN THE SUPREME COURT OF JUDICATURECOURT OF APPEAL (CIVIL DIVISION)ON...roof was due for renewal with felting, re-battening and retiling; (b) the chimneys and main walls required repointing in places; (c) lead flashings needed to be...
...treatment, even where the inevitable result will be the death of the child (see, for example, the Court of Appeal decision in Re B (a minor) (wardship: medical treatment) [1981] 1 WLR ...objective judgment on the basis of all the available evidence (Re T (A Minor) (Wardship: Medical Treatment) [1997] 1 WLR 242). 26.... There is a strong presumption in favour of the preservation of life, see e.g. In re M (Adult patient) (Minimally conscious state: withdrawal of treatment) [2012] 1 WLR 1652, paras 7...
...standard of care. Ryder LJ in the case of Re S (A Child) [2014] 1 FLR 1421 highlighted that term 'non-accidental' 'is a catch-all for everything which is not an accident. It is also ...decide on all of the evidence before it and it can depart from the view of expert evidence provided sound reasons are given for doing so (Re B (Care: Expert Witnesses) [1996] 1 FLR 667...1 Relevant people/bodies named in this judgement, and abbreviations used. LA London Borough of Hounslow Child B: subject of the application Child A: not...
...in bankruptcy by operation of law (see Heath v Tang (above), Re Hurren (A Bankrupt) [1983] 1 W.L.R. 183, and Ahajot v Waller [2004] S.T.C...debts provable in the bankruptcy and the discharge of the taxpayer meant that he had already been released from such debts (Heath v Tang [1993] 1 W.L.R. 1421...that appeal would have vested in the trustee in bankruptcy, pursuant to s 283 of the Insolvency Act 1986. Reliance is placed on Heath v Tang [1993] 1 WLR 1421...
...those cases where a balancing exercise is to be carried out. In Re B (A Minor) (Wardship: Medical Treatment) [1981] 1 WLR 1421, authorising an operation which wa...attempt it. But if the judge has correctly directed himself as to the law, as in my view this judge did, an appellate court can only interfere with his decision if satisfied that it was wrong: Re B (A...whether or not to receive renal replacement therapy. 1. The first respondent lacks capacity to: a. Conduct these proceedings b. Make...