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Director of Public Prosecutions (DPP) v Morgan [1975] UKHL 3 was a decision of the House of Lords which decided that an honest belief by a man that a woman with whom he was engaged with sexual intercourse was consenting was a defence to rape, irrespective of whether that belief was based on reasonable grounds.
Reasonable care, Informed consent Montgomery v Lanarkshire Health Board [2015] UKSC 11 is a Scottish delict , medical negligence and English tort law case on doctors and pharmacists that outlines the rule on the disclosure of risks to satisfy the criteria of an informed consent .
Rejecting her claim for damages, the court held that consent did not require an elaborate explanation of remote side effects. In dissent, Lord Scarman said that the Bolam principle should not apply to the issue of informed consent and that a doctor should have a duty to tell the patient of the inherent and material risk of the treatment proposed.
This precedent is unlikely to be considered as still 'good law' as the Sexual Offences (Scotland) Act 2009 (which provided the first statutory definition of rape and of consent) states at S.1 (1)(b) that [a person 'A' commits rape upon 'B'] "(b)without any reasonable belief that B consents". [2]
The same court held that a person accused of recklessly transmitting an STI could only raise the defense of consent, including an honest belief in consent, in cases where that consent was a "willing" or "conscious" consent. In other words, the court distinguished between "willingly running the risk of transmission" and "willingly consenting to ...
Constitutional law, Devolution in the UK: Providing postcode lists to the Secretary of State for Work and Pensions was not a "devolution issue" or capable of being incompatible with the European Convention on Human Rights. Therefore, the Supreme Court refused to accept the application by the Attorney General for Northern Ireland. [2]
By majority decision the court held decisions of the Investigatory Powers Tribunal could be subject to judicial review in the High Court and implied that parliament may not use legislation to "oust" the jurisdiction of the courts to undertake judicial review. [22] Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23: 15 May
Consent. As to consent, see sections 12 to 15 of the Sexual Offences (Scotland) Act 2009. As to whether a sleeping or unconscious person has capacity to consent, see section 14 of that Act. As to whether a mentally disordered person has capacity to consent, see section 17 of that Act. Reasonable belief