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Living wills protect the most vulnerable 
Written by Eloise Power for The Times.

How many of us have thought about making a living will? Living wills — or, more accurately, advance decisions — enable adults with mental capacity to make a decision to refuse treatment if they lose capacity in the future.

One of the most common reasons why people lose capacity and require medical treatment is dementia. According to the Alzheimer’s Society, 225,000 people in the UK will develop dementia this year, or one person every three minutes. By 2025 there will be more than a million people with dementia in the UK

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Decide for yourself

“The judgment in CH v A Metropolitan Council demonstrates that before making decisions for a vulnerable person, there is a real obligation to support them to gain capacity where possible”, writes Sophia Roper for the Solicitors Journal. 

Book review - Medical Treatment: Decisions and the Law

Hill Dickinson’s David Locke reviews the 3rd edition of Medical Treatment: Decisions and the Law for the New Law Journal. 

“This is a book for practitioners written by practitioners. It is as close to granting the reader a free, direct advice-line to counsel, as the joint heads of Serjeants’ Inn are ever likely to permit.”

Roberts v Johnstone is dead

John de Bono QC discusses the Lord Chancellor’s announcement that the discount rate would be revised from 2.5% to -0.75%. This clearly has major implications for the calculation of future losses and will lead to much higher awards and settlements than we have seen before.

Montgomery v Lanarkshire Health Board: transforming informed consent

Adrian Hopkins QC co-writes an article in the Bulletin of the Royal College of Surgeons concerning the landmark decision of the Supreme Court in Montgomery v Lanarkshire Health Board. The article was co-written by Angela Coulter, senior research scientist at the University of Oxford and Ben Moulton, senior vice-president of the Informed Medical Decisions Foundation, Boston, MA, US.

Employment Tribunal Litigation & the Police Regulations

In this paper Jonathan Davies explains the interaction of employment law and police regulations, setting out the differences between police employee and police office rights and how they are enforced, as well as setting out the procedure the Employment Tribunal follows and how that procedure may come into conflict with the Police (Conduct) Regulations 2012 and the Police (Performance) Regulations 2012.

Defining the PCP

In this paper Jonathan Davies sets out the purpose of the PCP (‘provision, criterion or practice’) and explains the practical issues and the case law defining the PCP.

Montgomery

Montgomery (Appellant) v Lanarkshire Health Board (Respondent) [2015] UKSC 11
On appeal from [2013] CSIH

John de Bono QC quoted in Parliamentary Inquiry report by Action Cerebral Palsy

Serjeants’ Inn silk quoted in Enabling Potential – Achieving a New Deal for Children with Cerebral Palsy, a report outlining the findings of a parliamentary inquiry into the cerebral palsies, the overall aim of which is to identify policy changes that could help the 30,000 children in the UK with cerebral palsies to achieve their full potential in life.