CASE SUMMARIES: 10 February 1997

The following notes of judgments were prepared by the reporters of the All England Law Reports.

Adoption

Re L (adoption; disclosure of information); CA (Sir Stephen Brown P, Pill LJ, Sir Patrick Russell); 12 Dec 1996.

Dismissing an application for judicial review of a refusal to disclose information held on the adoption register to the natural mother of a daughter 36 years after the latter's adoption, the court drew attention to the mandatory nature of the Registrar-General's duty under s 50 (5) of the Adoption Act 1976. Although an adopted person could make enquiries, there was no corresponding provision for a natural parent to obtain such information. However, in exercising its discretion to make a disclosure order, the court should use its power sparingly and only in exceptional circumstances.

Andrew McFarlane (Mishcon de Reya) for the applicant; Lord Meston QC (Department of Health).

Health and safety

R v Gateways Foodmarkets Ltd; CA (Cr Div) (Evans LJ, Ebsworth, Keene JJ) 19 Dec 1996.

The offence under s 2(1) of the Health & Safety at Work Act 1974 was one of strict liability, subject to the caveat of reasonable practicability. A company was guilty of an offence under s 2(1) if it failed to ensure the health, safety and welfare at work of any employee, unless all reasonable precautions had been "taken by the company or on its behalf". The breach of duty and liability under the section did not depend on any failure of the company itself, meaning those persons who embodied the company, to take reasonable precautions.

Ian Glen QC, Anthony Reddiford (Andrew Gregg & Co, Sheffield) for the company; Ian Groom (Mark H Webster, Sheffield) for the Crown.

Medical consent

Re L (a patient: non-consensual treatment); Fam D (Kirkwood J) 13 Dec 1996.

An NHS Hospital trust was permitted to insert needles for the purposes of anaesthesia and intravenous infusion and to perform an emergency caesarian section operation on a hospital patient whose extreme phobia about needles rendered her unable to consent to the procedures necessary to enable her to be safely delivered of her unborn child and without which her own health and well-being would have been put in jeopardy. Granting a declaration as to the lawfulness of the proposed procedures, the judge ruled that that the patient lacked the mental competence to make the treatment decisions herself.

Robert Francic QC (Le Brasseur and J Tickle) for the Hospital; Michael Hinchcliffe (Official Solicitor) as amicus curiae.

Start your day with The Independent, sign up for daily news emails
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
SPONSORED FEATURES
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs People

Recruitment Genius: Internal Recruiter - Manufacturing

£20000 - £30000 per annum: Recruitment Genius: An Internal Recruiter (manufact...

Ashdown Group: HR Manager (CIPD) - Barking / East Ham - £50-55K

£50000 - £55000 per annum + 25 days holidays & benefits: Ashdown Group: HR Man...

Recruitment Genius: Operations / Project Manager

£40000 - £48000 per annum: Recruitment Genius: This software company specialis...

Ashdown Group: Human Resources Manager

£28000 - £35000 per annum + Benefits: Ashdown Group: A successful organisation...

Day In a Page

Orthorexia nervosa: How becoming obsessed with healthy eating can lead to malnutrition

Orthorexia nervosa

How becoming obsessed with healthy eating can lead to malnutrition
Lady Chatterley is not obscene, says TV director

Lady Chatterley’s Lover

Director Jed Mercurio on why DH Lawrence's novel 'is not an obscene story'
Farmers in tropical forests are training ants to kill off bigger pests

Set a pest to catch a pest

Farmers in tropical forests are training ants to kill off bigger pests
Mexico: A culture that celebrates darkness as an essential part of life

The dark side of Mexico

A culture that celebrates darkness as an essential part of life
Being sexually assaulted was not your fault, Chrissie Hynde. Don't tell other victims it was theirs

Being sexually assaulted was not your fault, Chrissie Hynde

Please don't tell other victims it was theirs
A nap a day could save your life - and here's why

A nap a day could save your life

A midday nap is 'associated with reduced blood pressure'
If men are so obsessed by sex, why do they clam up when confronted with the grisly realities?

If men are so obsessed by sex...

...why do they clam up when confronted with the grisly realities?
The comedy titans of Avalon on their attempt to save BBC3

Jon Thoday and Richard Allen-Turner

The comedy titans of Avalon on their attempt to save BBC3
The bathing machine is back... but with a difference

Rolling in the deep

The bathing machine is back but with a difference
Part-privatised tests, new age limits, driverless cars: Tories plot motoring revolution

Conservatives plot a motoring revolution

Draft report reveals biggest reform to regulations since driving test introduced in 1935
The Silk Roads that trace civilisation: Long before the West rose to power, Asian pathways were connecting peoples and places

The Silk Roads that trace civilisation

Long before the West rose to power, Asian pathways were connecting peoples and places
House of Lords: Outcry as donors, fixers and MPs caught up in expenses scandal are ennobled

The honours that shame Britain

Outcry as donors, fixers and MPs caught up in expenses scandal are ennobled
When it comes to street harassment, we need to talk about race

'When it comes to street harassment, we need to talk about race'

Why are black men living the stereotypes and why are we letting them get away with it?
International Tap Festival: Forget Fred Astaire and Ginger Rogers - this dancing is improvised, spontaneous and rhythmic

International Tap Festival comes to the UK

Forget Fred Astaire and Ginger Rogers - this dancing is improvised, spontaneous and rhythmic
War with Isis: Is Turkey's buffer zone in Syria a matter of self-defence – or just anti-Kurd?

Turkey's buffer zone in Syria: self-defence – or just anti-Kurd?

Ankara accused of exacerbating racial division by allowing Turkmen minority to cross the border