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An absence of consent or lawful authority can infringe the patient's autonomy and violate their bodily integrity.iiBreaching Article 8 of the European Convention on Human Rights: Glass v United Kingdom [2004] 1 FLR 1019, ECtHR.
The impact of the David T Morrison v ICL Plastics case
Prior to the Morrison case, it was thought that section 11(3) of the 1973 Act meant that the five year prescription period was postponed until the pursuer knew that:
he or she had suffered loss, injury or damage; and
that loss injury or damage had been caused by fault or negligence.
The key point is that the court in McCue left an element of discretion for the SPSO and the court in some circumstances.
McCue's Guardian v Glasgow City Council (2020)2McCue's Guardian v Glasgow City Council [2020] CSIH 51; 2021 S.C. 107; 2020 S.L.T. 963; [2020] 8 WLUK 163; 2020 G.W.D. 26-352; [2020] C.L.Y. 2352. (20...
On that basis, and given the evidence base, they recommended de- escalation to Stage 2. I, supported by Health and Social Care Management Board (HSCMB), agreed to de-escalate NHS Highland on 21 September 2022.
Sco ttish Min iste r s , sp e cial adv is e r s a nd th e Pe r m a n e n t Se cr e ta ry a r e co v e r e d by th e te r m s of th e Lobby in g (Sco tla nd) Act 2 0 1 6 .
Se e w w w .lobby in g.s co t St And r e w ’s Ho u s e , Re ge n t Ro ad , Ed inb u rgh EH1 3 DG a b c d abcdefg a w w w .go v .s co t
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137556.