scholarly journals Identity Assurance in the UK: technical implementation and legal implications under eIDAS

2017 ◽  
Vol 3 (1) ◽  
pp. 32-46
Author(s):  
Niko Tsakalakisz ◽  
Sophie Stalla-Bourdillon ◽  
Kieron O'Hara
Keyword(s):  
1985 ◽  
Vol 1 (3) ◽  
pp. 294-297
Author(s):  
R.J. Fairhurst ◽  
Captain D. Antrobus

The easy availability of small aircraft for charter, has been accompanied by increasing willingness on the part of insurance companies to pay the costs for the use of these air ambulances. Operators of aircraft in the United Kingdom and Europe were becoming increasingly worried about the moral, medical and legal implications of carrying seriously ill or injured passengers. In late 1980 the UK Air Taxi Operators Association (ATOA) began to formulate Guidelines for air ambulance operations, and in 1981 these were incorporated into the studies of the same subject by the International Business Aircraft Association (IBAA), Europe. This paper presents the Guidelines adopted by the ATOA and ratified by IBAA Europe. The Guidelines are designed not to hamper the development of aeormedical rescue, but to bring it within a proper medical aeronautical framework for the safety of the patients, and medical and aircraft crews.During the last 30 years development of the international travel market in Europe has resulted in many patients becoming ill or suffering injuries many miles from their own home. In the past these people would have remained in a local hospital and received treatment by the locally available facilities. There has been a revolution in the technology of medical transport, providing skills and equipment which allows the most seriously injured people to be transported over long distances. The public demand has pressed insurance companies to offer as part of travel packages the possiblity of medical repatriation. The number of new serious medical cases abroad reported to Europ Assistance in London, rose from 736 in 1978 to a projected 3,500 in 1983.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Graeme Lockwood ◽  
Vandana Nath

Purpose The purpose of this paper is to examine the practical and legal complexities associated with tele-homeworking arrangements in light of the recent COVID-19 pandemic. In particular, the study focusses on organisational practices and outcomes relating to the monitoring and surveillance of employees. Drawing on relevant UK legislation and illustrative case law examples, the study demonstrates the challenges and legal implications associated with tele-homeworking. Design/methodology/approach This study is based on a review of the literature and an examination of the EU and UK laws applicable to various employer and employee concerns that stem from tele-homeworking. Findings Tele-homeworking can be advantageous to both employers and employees, however, there are a number of growing concerns surrounding the monitoring of such workers. Developing technologies can act as a catalyst for legal disputes and the advances in workforce monitoring and surveillance reveal the complex challenges faced by both employers and employees. The indiscriminate monitoring of staff can result in claims of violations to the privacy rights of workers, breach of contract and discrimination claims. Several policy implications associated with monitoring tele-homeworkers surface from the analysis, including the need to ensure that any proposed surveillance is legitimate, proportionate and transparent. Originality/value The paper is beneficial in providing legal insights into the topical and continuing complexities associated with the monitoring of tele-homeworkers. The exogenous shock of COVID-19 has demanded the reorganisation of work. The extensive and developing capabilities that employers have at their disposal to engage in employee monitoring, give rise to a greater possibility of legal challenges by workers. The study serves to draw attention to various surveillance concerns and highlights the importance of employers undertaking an evaluation of their monitoring practices and complying with the legal framework.


Legal Studies ◽  
2019 ◽  
Vol 39 (2) ◽  
pp. 321-338
Author(s):  
Elise Maes

AbstractThe high prevalence of tobacco smoking in prison, and certain aspects inherent in prison culture make smoking in that environment particularly difficult to regulate. Over the last decade, the UK government has adopted and sought to implement gradually its plan to make all prisons smoke-free nationwide. The UK Supreme Court recently ruled inBlackthat the Health Act 2006, which prohibits smoking in most enclosed public spaces, does not bind the Crown and consequently does not apply to public prisons. Both developments have implications for the human rights protection of smoking and non-smoking prisoners. This paper considers how English smoking and non-smoking prisoners’ (human) rights are currently protected, and what the legal implications are of a complete ban on smoking in English prisons. The paper reflects on whether an indoor smoking ban might strike a better balance between the competing rights and interests of smoking and non-smoking prisoners than a complete ban.


1994 ◽  
Vol 34 (2) ◽  
pp. 170-176
Author(s):  
A O Obasohan ◽  
T B E Ogiamien

The possible legal implications of the failure of a mechanical prosthetic cardiac valve have been reviewed within the framework of the Nigerian legal system. This is the sequel to a clinical case we had recently, of primary mechanical failure of a cardiac prosthesis which led to the death of a 19-year-old medical student. A short account of the case as reported by the physicians is presented. As there has been no such case before any Nigerian Court, this review draws heavily upon salutary lessons from the USA and the UK, where such, or related, cases are more prevalent.


2013 ◽  
Vol 13 (3) ◽  
pp. 139-147 ◽  
Author(s):  
Candace Guite

AbstractIf Scotland votes ‘Yes’ to the question ‘Should Scotland be an independent country?’ how will its relationship change with the remainder of the UK? A ‘yes’ vote will have huge financial, political and legal implications. This article, written by Candace Guite, considers the current role of the UK Supreme Court in Scotland, the recent conflict (to which the title alludes) and it reflects on Scotland's potential international status. The UK Government has argued that it would be regarded as the continuator state and an independent Scotland would be a successor state, and so, in the event of a ‘yes’ vote Scotland would have to re-apply for entry to the European Union and the United Nations. However, there are arguments to support the alternative option, that Scotland could be regarded as a co-equal successor state with England, and thus would retain EU and UN membership.


2020 ◽  
Vol 9 (3) ◽  
pp. 59-63
Author(s):  
Amardeep Singh Dhadwal ◽  
Lwazi Sibanda ◽  
Igor R. Blum

With a growing ageing population and increased life expectancy in the UK, oral healthcare professionals will be exposed to a greater number of patients with health conditions which may affect cognitive function, communication and capacity to consent to treatment. This often gives rise to a conundrum which clinicians may face when considering capacity, consent and the legal implications and frameworks surrounding this. Assessing patient capacity is encountered routinely in dental practice and so oral healthcare professionals should be well informed of their responsibilities in this context. This article summarises and introduces readers to key concepts regarding consent and capacity with reference to relevant cross-jurisdictional legislation.


2017 ◽  
Vol 11 (2) ◽  
pp. 323-350 ◽  
Author(s):  
Christopher Chen

This article examines the legal implications of the interconnections of the global derivatives market, such as the exchange and over-the-counter (OTC) markets, in East and Southeast Asia. First, we introduce the interconnectedness of the global derivatives market. We then examine some legal implications of such interconnectedness from several angles, such as the extraterritoriality of relevant regulations (notably the reporting, clearing and trading mandates prescribed by the G20 and the new initial margin rule), standard product documentation, the effect of substituted compliance, the potential competition effect due to shifting OTC trades to exchange trading and the effect of consolidating exchanges and/or clearing services. We approach these issues from the perspective of Asian countries in relation to development in core markets, such as those in the US, the UK and Europe. 


BJR|Open ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 20200030
Author(s):  
Toni Anderson ◽  
William C Torreggiani ◽  
Peter L Munk ◽  
Paul I Mallinson

Artificial intelligence (AI) has been defined as a branch of computer science dealing with the capability and simulation of a machine to imitate intelligent human behaviour. Diagnostic radiology, being a computer-based service, is unsurprisingly at the forefront of the discussion of the use of AI in medicine. There are however differing schools of thought regarding its use; namely, will AI eventually replace the radiologist? Or indeed will it ever be fully capable of replacing radiology as a speciality, but rather be used as an aid to the profession whereby a human’s input will always be required? Furthermore, what will the legal implications of AI in radiology mean to the profession? Who will be liable for missed diagnoses? Is it possible that the introduction of AI to radiology will in fact make the profession busier?


Geriatrics ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 9
Author(s):  
David J. Wright ◽  
David G. Smithard ◽  
Richard Griffith

Dysphagia is common—not only associated with stroke, dementia, Parkinson’s but also in many non-neurological medical problems—and is increasingly prevalent in ageing patients, where malnutrition is common and pneumonia is frequently the main cause of death. To improve the care of people with dysphagia (PWD) and minimise risk of aspiration and choking, the textures of food and drinks are frequently modified. Whilst medicines are usually concurrently prescribed for PWD, their texture is frequently not considered and therefore any minimisation of risk with respect to food and drink may be being negated when such medicines are administered. Furthermore, evidence is starting to emerge that mixing thickeners with medicines can, in certain circumstances, significantly affect drug bioavailability and therefore amending the texture of a medicine may not be straightforward. Research across a number of hospital trusts demonstrated that PWD are three times more likely to experience medication administration errors than those without dysphagia located on the same ward. Errors more commonly seen in PWD were missed doses, wrong formulation and wrong preparation through medicines alteration. Researchers also found that the same patient with dysphagia would be given their medicines in entirely different ways depending on the person administering the medicine. The alteration of medicines prior to administration has potential for patient harm, particularly if the medicine has been designed to release medicines at a pre-defined rate or within a pre-defined location. Alteration of medicines can have significant legal implications and these are frequently overlooked. Dispersing, crushing or mixing medicines can be part of, or misconstrued as, covert administration, thus introducing a further raft of legislation. Guidance within the UK recommends that following identification of dysphagia, the ongoing need for the medicine should be considered, as should the most appropriate route and formulation, with medicines alteration used as a last resort. The patient should be at the centre of any decision making. Evidence suggests that in the UK this guidance is not being followed. This article considers the clinical and legal issues surrounding administration of medicines to PWD from a UK perspective and debates whether medicines optimisation should be the primary responsibility of the prescriber when initiating therapy on the ward or the nurse who administers the medicine.


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