An Analysis of the Service Provider’s Legal Duty to Make Reasonable Adjustments: The Little Mix Saga

This chapter examines the role of the judiciary with regard to the Convention on the Rights of Persons with Disabilities (CRPD). It considers the relationship which the judiciary have or appear to perceive themselves as having with the CRPD and explores some of the factors seemingly prompting courts to refer to it. The first section reflects on: whether judges are able to choose to refer to the Convention or have a legal duty to do so; the significance of the fact that the CRPD is international law; and whether judges appear to see themselves merely as domestic actors, or as agents or trustees of the CRPD. The second section explores whether judges are referring to the CRPD in response to arguments raised before the court or doing so of their own volition. Also considered are the relevance of amicus curiae interventions; reasons for referral related to the domestic legal system; and the role of particularly engaged individuals.

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Assisted dying reframed in the context of English law’s approach to suicide

Medical Law International ◽

10.1177/0968533220982637 ◽

2020 ◽

pp. 096853322098263

Author(s):

Elizabeth Wicks

Keyword(s):

Assisted Dying ◽

Legal Duty ◽

The Law

This article seeks to reframe the issue of assisted dying in terms of English law’s broader regulation of suicide. It identifies a long-standing ambiguity about the role of the law in respect of suicide, notwithstanding its decriminalisation in the Suicide Act 1961. Reviewing the passage of that Act and subsequent judicial and parliamentary involvement, the article identifies some pertinent unanswered questions such as whether suicide can ever be viewed as a legitimate exercise of autonomy; whether assistance in performing suicide should ever be lawful; and when exactly there is a legal duty on others to intervene to prevent a suicide. It is argued that until such questions are addressed directly in the broader context of suicide, the appropriate legal approach to assisted dying cannot be settled.

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Criminal Omissions: A European Perspective

New Criminal Law Review An International and Interdisciplinary Journal ◽

10.1525/nclr.2008.11.3.419 ◽

2008 ◽

Vol 11 (3) ◽

pp. 419-451

Author(s):

Jacobo Dopico Góómez-Aller

Keyword(s):

Criminal Law ◽

European Perspective ◽

Normative Approach ◽

Theoretical Approaches ◽

Legal Duty

Omissions in criminal law have often been a cause of perplexity among legal scholars in Europe and America. This article analyzes some of the main theoretical approaches to the question of commission by omission, criticizing the formalistic perspective of the "special legal duty" theory and proposing a normative approach based on the idea of the "sphere of autonomy."

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Psychiatric illness and driving: Irish psychiatrists' documentation practices

Irish Journal of Psychological Medicine ◽

10.1017/s0790966700000069 ◽

2009 ◽

Vol 26 (1) ◽

pp. 16-19 ◽

Cited By ~ 3

Author(s):

Camilla Langan

Keyword(s):

Psychiatric Illness ◽

Medication Compliance ◽

Potential Effect ◽

Driving Ability ◽

Second Phase ◽

Clinical Notes ◽

Anonymous Questionnaire ◽

Legal Obligations ◽

Legal Duty ◽

The Uk

AbstractObjective: Psychiatric illness and the use of psychotropic medication are recognised as factors that may impair driving ability. Clinicians in the UK have a legal duty to advise patients on the effects of illness and prescribed medication on driving ability. Although clinicians in Ireland have no equivalent legal obligations, good medical practice suggests that doctors should be aware of whether patients are active drivers, and issue appropriate advice, supported by adequate documentation in clinical notes.Method: The initial phase of the study analysed 44 outpatient records and 48 discharge records to ascertain the level of documentation regarding driving status, and advice given to patients regarding the effect of illness or medication on driving ability. The second phase involved distribution of an anonymous questionnaire to 18 psychiatrists employed in the acute psychiatric unit setting.Results: Although there was minimal documentation regarding the potential effect of illness on driving ability, more than 50% of case notes revealed documented advice to patients regarding side-effects of medication and driving ability. Over 50% of case notes contained advice about medication compliance, but none contained cautionary advice about operating machinery. All psychiatrists admitted not being aware of the driving status of every patient they reviewed. Over 50% admitted to advising patients of the effect of illness or medication on driving ability, but fewer reported documenting this advice on every occasion. All psychiatrists reported that they would benefit from training in this area.Conclusion: This study suggests that there is underdocumentation of advice given to patients regarding the effect of their symptoms or medication on driving ability. Clinicians need to improve their awareness of patients' driving status, in addition to receiving training on what their responsibilities are in this regard.

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Aftercare: who attends section 117 meetings?

Psychiatric Bulletin ◽

10.1192/pb.19.2.106 ◽

1995 ◽

Vol 19 (2) ◽

pp. 106-107

Author(s):

Rosemary Lethem

Keyword(s):

Mental Health ◽

Nursing Home ◽

Patient Care ◽

Social Services ◽

Local Health ◽

Hospital Department ◽

Health And Social Services ◽

Mental Health Act ◽

Department Of Health ◽

Legal Duty

The purpose of aftercare is to enable patients to return to their home or accommodation other than a hospital or nursing home, and to minimse the need for future in-patient care. Under section 117 of the Mental Health Act 1983, local health and social services authorities have a legal duty to provide aftercare for certain categories of patients when they leave hospital (Department of Health and Welsh Office, 1993).

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Informed consent in psychiatric practice: where does the law now stand?

Irish Journal of Psychological Medicine ◽

10.1017/s0790966700011502 ◽

2011 ◽

Vol 28 (2) ◽

pp. 86-90

Author(s):

Peter Leonard

Keyword(s):

Informed Consent ◽

Medical Profession ◽

Case Law ◽

Point Of View ◽

Psychiatric Practice ◽

Mental Health Legislation ◽

Clinical Scenarios ◽

Legal Duty ◽

Legal Position ◽

Health Legislation

AbstractThere is an established ethical and legal duty upon psychiatrists to obtain informed consent before treating a patient, although some exceptions do apply under Mental Health Legislation. The required standard for informed consent has been the subject of important case law in Ireland and other common law jurisdictions and this has caused some uncertainty for clinicians. The standard of informed consent can be viewed from the point of view of what the medical profession thinks is appropriate, or alternatively from the position of what a patient would reasonably expect to be told. These contrasting approaches are discussed in detail. A recent decision of the Irish Supreme Court establishes the ‘patient-centred’ standard for informed consent as the relevant standard in Irish law. The current legal position on informed consent is discussed in relation to common clinical scenarios in psychiatric practice.

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The Legal Effect of Illegal Contracts

The Cambridge Law Journal ◽

10.1017/s0008197300116095 ◽

1942 ◽

Vol 8 (1) ◽

pp. 51-69 ◽

Cited By ~ 1

Author(s):

Glanville L. Williams

Keyword(s):

Public Policy ◽

Present Article ◽

Legal Obligation ◽

Legal Effect ◽

The Face ◽

Legal Duty ◽

Legal Consequences

The term ‘illegal contract’ is sanctioned by usage and is adopted in the title of this article for the sake of brevity; but it is not a very satisfactory expression. If a contract is a legal obligation, ‘illegal contract’ is a contradiction in terms. To say that a contract is illegal seems, on the face of it, to be no more than a clumsy way of saying that an agreement is void of legal consequences. There is, however, another possible interpretation of the term ‘illegal contract,’ namely, that it is an agreement the entry into which or the performance of which (on one or both sides) involves a breach of legal duty, or runs counter to morality or public policy. The illegality is not in the obligation, but in the making of the agreement or in the performance of it. It is in this sense that the term is used in the present article, and, so understood, there is no paradox in asking whether an illegal contract can have a legal effect.

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A Comprehensive Analysis of Minority Interest Discounts in Estate and Gift Taxation

The ATA Journal of Legal Tax Research ◽

10.2308/jltr.2006.4.1.117 ◽

2006 ◽

Vol 4 (1) ◽

pp. 117-134

Author(s):

Gregg S. Woodruff ◽

Craig J. Langstraat ◽

John M. Malloy

Keyword(s):

Comprehensive Analysis ◽

Internal Revenue Service ◽

Tax Base ◽

Internal Revenue ◽

Legal Duty ◽

History Of ◽

Minority Interests ◽

Gift Tax ◽

Minority Interest Discount

One of the most litigated and adjusted areas in taxation has been the determination of the minority interest discount in estate and gift taxation. Valuation disputes arise because the valuation processes for estate and gift taxation are “inherently imprecise,” and the goals of the taxpayer and Internal Revenue Service (IRS) are diametrically opposed. The IRS's vigorous defense of the estate and gift tax base and the taxpayersa' attempts to pay no more tax than is their legal duty have resulted in a history of situations where the taxpayer and the IRS turn to the courts for adjudication. This paper addresses the basis for a minority interest discount, the determination whether ownership interests are in fact minority interests, and the importance of facts and law in the determination of the minority interest discount. A comprehensive analysis of estate and gift tax cases that determined minority interest discounts is used as a basis for planning ideas to maximize these discounts.

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