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Medical Law

Judge rules that fourteen-year old may be cryonically preserved after death

JS (Disposal of Body) Re [2016] EWCH

The High Court ruled on the 10th November 2016 that a fourteen year-old cancer patient may be cryonically preserved after her death, in accordance with her wishes.

Medical Law

Court of Appeal rules that woman may act as surrogate in absence of formalities

M, R (on the application of) Human Fertilisation and Embryology Authority [2016] EWCA Civ 611
The Court of Appeal has ruled that a 60 year old woman may use her daughter’s frozen eggs to give birth to a child.  The woman’s daughter was deceased having died of cancer in 2011.

Medical Law

The DNA of a deceased person may be tested to prove paternity

Spencer v Anderson (paternity testing) [2016] EWHC 851 (Fam)

On 15th April 2016 the High Court of England and Wales ruled that while there is no statutory power to order DNA testing to establish paternity, it possesses an inherent power to do so in cases where the absence of a remedy would lead to injustice.

Health, Medical Law

21 year old woman given suspended sentence for inducing abortion with pills

The defendant, who at the age of 19 procured an abortion by purchasing pills on the Internet was given a three months suspended sentence at Belfast Crown Court.  The defendant could not afford to travel to England to obtain a legal termination.  However, she sought advice from a clinic in England about what pills to buy and induced an abortion.

She pleaded guilty to two offences: procuring her own abortion by using a poison, and supplying a poison with intent to procure a miscarriage, contrary to the Offences Against the Person Act 1861.

Criminal Law, Health, Local Developments, Medical Law

No requirement to publish prosecution guidance regarding assisted suicide: Scots Law

This case concerned an appeal under Scots Law from a decision of the Lord Ordinary on a petition for judicial review.  The petitioner suffered from Parkinson’s disease and anticipated that eventually he would require assistance to end his life.  He sought clarification as to the factors that would be taken into account in deciding whether or not to prosecute the person who assisted him.

Criminal Law, Medical Law, Suicide