swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Health - From: 1991 To: 1991
This page lists 3 cases, and was prepared on 27 May 2018.
Rance v Mid-Downs Health Authority; 1991 - [1991] 1 QB 587
Re SG (adult mental patient: abortion) [1991] 2 FLR 329
1991
FD
Sir Stephen Brown
Health
Her GP and a consultant gynaecologist had recommended a termination for a pregnant, severely mentally handicapped 26 year old woman. Following Re F, her father sought a formal declaration of the court was required before any termination. Held: Termination of a pregnancy was already closely regulated by statute which provided "fully adequate safeguards for doctors who are to undertake this treatment." It was therefore not necessary to seek the specific approval of the High Court before the termination of a pregnancy, provided the 1967 Act was complied with. The court noted that this was "a developing branch of the law" and referred to the the Law Commission's work on the general issue of mental incapacity, saying "it may be that further guidelines will be issued by the Medical Ethics Committee of the British Medical Association, in addition to recommendations which may be made by the Law Commission. For the time being, however, I express my view that a formal declaration is not required in this case."
Abortion Act 1967 1
1 Cites
1 Citers
Locke v Camberwell Health Authority [1991] 2 Med LR 249
23 May 1991
CA
Taylor LJ
Health, Costs, Legal Professions
The court discussed the relative duties of solicitor and counsel. Taylor LJ set out the principles that: 1) In general a solicitor, is entitled to rely upon the advice of counsel properly instructed;
2) For a solicitor, without special experience in a particular field, to rely on counsel's advice is to make normal and proper use of the Bar;
3) However the solicitor must not do so blindly but must exercise his independent judgment. If he thinks that counsel's advice is obviously or glaringly wrong, he is under a duty to reject it;
4) Although a solicitor should not assist a litigant where prosecution of the claim amounts to an abuse of process, it is not his duty to assess the result of a conflict of evidence or impose a pre-trial screen on a litigant's claim.
1 Citers