Biobank Report: United Kingdom

2016 ◽  
Vol 44 (1) ◽  
pp. 96-105 ◽  
Author(s):  
Jane Kaye ◽  
Jessica Bell ◽  
Linda Briceno ◽  
Colin Mitchell
Keyword(s):  
United Kingdom ◽  
Data Access ◽  
Ethics Committees ◽  
Legal Framework ◽  
Applicable Law ◽  
The United Kingdom ◽  
Legal Provisions ◽  
Genomics Research ◽  
Guidance Documents ◽  
The Uk

The United Kingdom is a leader in genomics research, and the presence of numerous types of biobanks and the linking of health data and research within the UK evidences the importance of biobank-based research in the UK. There is no biobank-specific law in the UK and research on biobank materials is governed by a confusing set of statutory law, common law, regulations, and guidance documents. Several layers of applicable law, from European to local, further complicate an understanding of privacy protections. Finally, biobanks frequently contain data in addition to the samples; the legal framework in the UK generally differentiates between data and samples and the form of the data affects the applicability of legal provisions. Biobanks must be licensed by the Human Tissue Authority; certain projects must be reviewed by Research Ethics Committees, and all projects are encouraged to be reviewed by them. Data Access Committees in biobanks are also common in the UK. While this confusing array of legal provisions leaves privacy protections in biobanking somewhat unclear, changes at the EU level may contribute to harmonization of approaches to privacy.

scholarly journals Mapping, Assessing and Improving Legal Preparedness for Pandemic Flu in the United Kingdom

2009 ◽  
Vol 10 (2) ◽  
pp. 101-137 ◽  
Author(s):  
Graeme T. Laurie ◽  
Kathryn G. Hunter
Keyword(s):  
Public Health ◽  
United Kingdom ◽  
Essential Feature ◽  
Legal Framework ◽  
The United Kingdom ◽  
Legal Provisions ◽  
The Face ◽  
International Obligations ◽  
Pandemic Flu ◽  
The Uk

This article assesses the legal framework within which responses are deployed in the United Kingdom in the face of a pandemic such as the current H1N1 crisis or some other public health emergency. It begins with an account of the importance of legal preparedness as an essential feature of public health preparedness. It moves to an outline of the key legal provisions and parameters which provide the architecture for the existing framework in the UK, both domestically and internationally; thereafter, it identifies relevant factors that can be used to assess the efficacy of current legal preparedness, drawing on comparative experiences. Finally, it offers recommendations on how legal preparedness could be improved within the United Kingdom and in line with international obligations.

scholarly journals Clinical Ethics Committees in the United Kingdom: Towards Evaluation

2007 ◽  
Vol 8 (3) ◽  
pp. 221-237 ◽  
Author(s):  
Laura Williamson ◽  
Sheila McLean ◽  
Judith Connell
Keyword(s):  
United States ◽  
United Kingdom ◽  
Health Care Professionals ◽  
Clinical Ethics ◽  
Ethics Committees ◽  
The United States ◽  
Policy Support ◽  
Department Of Health ◽  
The United Kingdom ◽  
The Uk

In the United Kingdom there is a growing conviction that CECs have an important role to play in helping health care professionals address ethical dilemmas. For example, the Royal College of Physicians, the Nuffield Trust and the unofficial Clinical Ethics Network, which has received financial support from the Department of Health, commend the use of CECs in the UK. The growth of such committees has been influenced by the legal and policy support they have received in the United States. However, there is increasing concern about both the benefits and the quality of work produced by CECs. In addition, despite the rapid increase in the number of CECs in the UK, outside of the United States they remain under-researched and no formal mechanism exists to assess their performance. As a result we know little about the structure, function, impact and effectiveness of CECs. We are currently conducting a research project funded by the Wellcome Trust that seeks to interrogate the competing claims regarding the benefits and disbenefits of CECs. This initial account of our research provides a detailed analysis of theoretical issues that surround the development and use of CECs and points towards the questions that lie at the heart of the social science strand of our project.

scholarly journals BREXIT AND THE IMPLICATIONS FOR TACIT CHOICE OF LAW IN THE UNITED KINGDOM

Obiter ◽  
2018 ◽  
Vol 39 (3) ◽  
Author(s):  
Garth Bouwers
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Legal Framework ◽  
Private International Law ◽  
The European Union ◽  
European Union Law ◽  
Choice Of Law ◽  
Applicable Law ◽  
The United Kingdom

The influence of European Union law on the United Kingdom is noteworthy. In the commercial arena, it has transformed the rules of private international law in the United Kingdom. The European Union has established a common framework for jurisdiction of national courts, the recognition and enforcement of judgments and the determination of the applicable law. The article highlights the implications of Brexit on the determination of the applicable law in the United Kingdom, more specifically, its impact on a tacit choice of law in international commercial contracts. The article examines the current legal position in the United Kingdom (i.e. the legal framework in a so-called “soft-Brexit” scenario). Secondly, the article analyses the effect of a complete withdrawal from the European Union (i.e. the legal framework in a “hard- Brexit” scenario).

scholarly journals THE LEGAL FRAMEWORK FOR CORPORATE LIABILITY FOR HOMICIDE: THE EXPERIENCE IN NIGERIA AND THE UNITED KINGDOM

2014 ◽  
Vol 22 (1) ◽  
Author(s):  
Khairat Oluwakemi Akanbi
Keyword(s):  
United Kingdom ◽  
Criminal Law ◽  
Legal Framework ◽  
Mens Rea ◽  
The Public ◽  
The United Kingdom ◽  
Corporate Body ◽  
Corporate Manslaughter ◽  
The Uk ◽  
Corporate Liability

In recent times, corporate homicide has become an increasingly global phenomenon. These global incidences make it imperative to have a legal framework for holding corporations liable for deaths either of employees or members of the public that occur as a result of their activities. The challenge however is in applying the traditional criminal law elements of actus reas and mens rea to a corporation, since the criminal law had developed with the natural person in mind. The aim of this paper is to examine the legal framework for corporate liability for homicide sharing the experience in Nigeria and the UK. The paper discusses the application of criminal law elements of actus reas and mens rea to a corporate body in order to justify corporate liability for homicide. It also examines the Corporate Manslaughter and Corporate Homicide Act 2007 of the UK which is the first legislation on corporate homicide together with theposition in Nigeria. The paper finds that the legal framework in Nigeria is inadequate to secure corporate liability for homicide. The UK provisions can thus serve as a useful model in this regard.

scholarly journals Europe’s ‘Other’ Open-Border Zone: The Common Travel Area under the Shadow of Brexit

2018 ◽  
Vol 20 ◽  
pp. 252-286
Author(s):  
Graham BUTLER ◽  
Gavin BARRETT
Keyword(s):  
United Kingdom ◽  
Legal Framework ◽  
Border Zone ◽  
The European Union ◽  
Public Attention ◽  
The United Kingdom ◽  
The Common ◽  
Article 50 ◽  
The Uk ◽  
Border Controls

AbstractIn recent years, the Schengen Area—and the suppression within its territory of border controls—has become a strong focus of attention. This article focuses on another region of Europe where such controls have been suppressed: the Common Travel Area (‘CTA’). Historically, both Ireland and the United Kingdom have rejected membership of the Schengen system—albeit securing certain ‘opt-in’ rights—and instead maintained the CTA between their respective jurisdictions. The CTA has, however, garnered relatively little public attention until recently, when concerns as to the implications of Brexit for the maintenance of an open border between Ireland and Northern Ireland have gained ground, and threatened to be a deal breaker in the negotiations under Article 50 TEU on UK exit from the EU (‘Brexit’). This article examines the background to the CTA, exploring its surprisingly fluid legal framework; its development in the legal systems of Ireland and the United Kingdom; and subsequently, how it was exempted from what is now EU law as the Schengen arrangements were integrated into the Union. The recent introduction of the British-Irish Visa Scheme, which formalises some visa rules regarding citizens of third states, and which tends in the direction of consolidating CTA arrangements, is also examined. The article further explores the challenges that confront the CTA in coping with the outcome of the June 2016 Brexit referendum, which should result in the UK leaving the European Union in March 2019, and the implications of Brexit for the CTA. Finally, it seeks to identify some key characteristics of the CTA in light of experience to date.

scholarly journals The role of patients in clinical ethics support: a snapshot of practices and attitudes in the United Kingdom

2009 ◽  
Vol 4 (3) ◽  
pp. 139-145 ◽  
Author(s):  
Ainsley J Newson
Keyword(s):  
United Kingdom ◽  
Patient Participation ◽  
Clinical Ethics ◽  
Ethics Consultation ◽  
Ethics Committees ◽  
Clinical Ethics Consultation ◽  
Clinical Ethics Support ◽  
Ethics Support ◽  
The United Kingdom ◽  
The Uk

Clinical ethics committees (CECs) in the United Kingdom (UK) have developed significantly over the past 15 years. The issue of access to and participation in clinical ethics consultation by patients and family members has, however, gone largely unrecognized. There are various dimensions to this kind of contact, including patient notification, consent and participation. This study reports the first specific investigation of patient contact with UK CECs. A questionnaire study was carried out with representatives from UK CECs. Results suggest that patient participation in clinical ethics consultation is low and unlikely to change significantly in the near future. Attitudes towards patients having a role in clinical ethics consultation are mixed, with a variety of reasons put forward both for and against patient participation. These results are discussed in the light of common themes in the literature and the practical and political context of clinical ethics support in the UK.

scholarly journals ADMISSIBILITY AND AUTHENTICITY OF ELECTRONIC EVIDENCE IN THE COURTS OF MALAYSIA AND UNITED KINGDOM

2019 ◽  
pp. 121-129
Author(s):  
Ani Munirah Mohamad
Keyword(s):  
United Kingdom ◽  
The Body ◽  
Legal Research ◽  
Electronic Evidence ◽  
Body Of Knowledge ◽  
The United Kingdom ◽  
Legal Provisions ◽  
The Uk ◽  
Criminal Matters ◽  
Law Of Evidence

This concept paper elaborates on two main aspects of electronic evidence (1) the admissibility of such evidence in the courts of law, and (2) its authenticity as evidence for the consideration of the courts. In both aspects, the scope of discussion would be the laws in Malaysia and in the United Kingdom (UK). In essence, the relevant rules providing for electronic evidence in Malaysia is the Evidence Act 1950, meanwhile for the case of the UK, the Civil Evidence Act 1995 and Police and Criminal Evidence Act 1984 which provide for electronic evidence in civil and criminal matters respectively. Engaging in comparative legal research methods, and purely library-based, the relevant legal provisions for each jurisdiction are elaborated, and numerous cases are discussed in this paper to illustrate the application of such sections in admitting and authenticating electronic evidence in the Courts of Malaysia and the UK. Hopefully, this paper would become a contribution to the body of knowledge and contribute towards more in-depth research in the area of law of evidence.

The International Legal Framework for Post-Brexit EEZ Fisheries Access between the United Kingdom and the European Union

2019 ◽  
Vol 35 (1) ◽  
pp. 133-162 ◽  
Author(s):  
Valentin J. Schatz
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Transition Period ◽  
Legal Framework ◽  
The European Union ◽  
The United Kingdom ◽  
Fisheries Policy ◽  
Key Issues ◽  
The Uk ◽  
The Eu

Abstract On 29 March 2019, the United Kingdom (UK) will leave the European Union (EU). Consequently, the EU’s Common Fisheries Policy (CFP), including the rules on fisheries access, will cease to apply to the UK. The article analyses the legal regime for post-Brexit exclusive economic zone (EEZ) fisheries access between the UK and the EU against the background of the current legal status quo under the CFP. The article then proceeds to an analysis of potential lex ferenda. In this respect, it first discusses the EEZ fisheries access arrangements for the Brexit transition period contained in the prospective withdrawal agreement of 2018. In a second step, the article undertakes to identify key issues faced by the UK and the EU in negotiating a future framework regulating their fisheries access relationship.

scholarly journals The European Union and the United Kingdom: New Legal Framework for Cooperation

Legal Concept ◽  
2021 ◽  
pp. 176-183
Author(s):  
Dmitry Galushko ◽  
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Legal Framework ◽  
Legal Regulation ◽  
Negotiation Process ◽  
The European Union ◽  
The United Kingdom ◽  
The Future ◽  
The Uk ◽  
The Eu

Introduction: the paper analyzes the main stages of the negotiation process between the European Union and the United Kingdom on the issue of concluding a basic agreement regulating the future relations of the two parties in various areas of cooperation. The purpose of the study is to study and analyze the political and legal aspects of the negotiation process for the conclusion of the EU-UK Trade and Cooperation Agreement, the content of its main provisions, and the impact on the future framework of relations between the parties. Methods: in the course of the study, both general scientific methods of cognition and private legal methods (formal-legal, historicallegal) were used. Results: the paper proves that, despite all the difficulties that arose during the negotiation process throughout 2020, the parties managed to overcome numerous differences and conclude a basic agreement that outlined the future framework of relations between the EU and the UK. Conclusions: the analysis showed that the Agreement on Trade and Cooperation between the EU and the UK is unlikely to be the endpoint of the Brexit process. Although the Agreement establishes a framework for interaction on many issues, however, the parties are expected to continue to review and adjust the legal framework of the relationship, since, on the one hand, it is possible to supplement the Agreement on Trade and Cooperation with other treaties to regulate other areas of crucial importance for the parties that are not covered by the document, and on the other hand, also concerning some issues that, although settled, will soon require additional legal regulation, which indicates that the historic Brexit process is far from complete.

TBE in United Kingdom

2020 ◽  
Keyword(s):  
United Kingdom ◽  
Clinical Disease ◽  
England And Wales ◽  
Probable Case ◽  
The United Kingdom ◽  
South West ◽  
Louping Ill ◽  
The Uk ◽  
North And South ◽  
South West England

Until 2019, TBE was considered only to be an imported disease to the United Kingdom. In that year, evidence became available that the TBEV is likely circulating in the country1,2 and a first “probable case” of TBE originating in the UK was reported.3 In addition to TBEV, louping ill virus (LIV), a member of the TBEV-serocomplex, is also endemic in parts of the UK. Reports of clinical disease caused by LIV in livestock are mainly from Scotland, parts of North and South West England and Wales.4

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