Legal
When Sarah’s mother was in labour, the hospital staff failed to pick up on what should have been worrying signals coming from the CTG monitor. After experiencing lack of oxygen at birth, Sarah* was diagnosed with mild athetoid cerebral palsy as a baby. By age five she had vision problems and required occasional use of a wheelchair. She could finger feed, although it was somewhat clumsy and her parents had to help her at mealtimes. Liquids also had to be thickened to make drinking easier. Her manual dexterity was poor and she was susceptible to chest infections. The hospital Trust denied liability for Sarah’s injury and so a protracted liability trial followed.
The Court of Protection (CoP) makes decisions on financial and welfare matters for people lacking mental capacity. It was created under the Mental Capacity Act 2005 and has a range of responsibilities, including deciding whether an individual has mental capacity, and appointing deputies to make decisions for people who lack it. Deputies may be a friend or relative of the individual, or a professional such as a solicitor or accountant appointed by the court. The CoP can significantly influence the work of professionals with clients with brain injuries and neurological conditions.
If an individual suffers an injury on the road through the negligence of a driver, they will recover compensation.
This is because of the provisions within Section 143 of the Road Traffic Act 1988.
Even if there was no insurance attaching to the vehicle, the Motor Insurers’ Bureau would satisfy any unsatisfied Judgment. But there are numerous cases in which insurers in road traffic accident cases have tried a variety of methods to avoid liability including seeking a statutory declaration, asserting that the insurance policy is only relevant if the policyholder was driving or in the vehicle, and stating that the use of the vehicle was different to that which was insured.
Arguably the biggest difference has been felt by people who would otherwise find talking with others hugely challenging; including those with certain disabilities and/or social difficulties. But the internet can be a dark place with illegal material readily accessible. Internet abuse is common place and can take many forms including bullying, sexual grooming and personal identity theft. In the recently reported case of Re A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP2), the Court of Protection sets out the information P must be able to understand, retain, use and weigh up to have capacity to access the internet and social media safely.
When the rape of a Manchester woman with learning difficulties came to trial in 2012, everything hinged on her memories of the ordeal. In the cold light of the courtroom, under intense scrutiny from the defence barrister, her muddled mind began letting her down. Timelines became skewed, details foggy and responses inconsistent. Yet somewhere inside [...]
