Latest articles
UK Immigration Rough Sleeper Rule
Aaron Gates-Lincoln, Immigration NewsThe UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s...
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
View all articles

INHERENT JURISDICTION/ HUMAN TISSUE ACT 2004: CM v Executor of the Estate of EJ (Deceased) and Her Majesty’s Coroner for the Southern District of London [2013] EWHC 1680 (Fam)

Sep 29, 2018, 21:08 PM
Slug : inherent-jurisdiction-human-tissue-act-2004-cm-v-executor-of-the-estate-of-ej-deceased-and-her-majestys-coroner-for-the-southern-district-of-london-2013-ewhc-1680-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 19, 2013, 02:30 AM
Article ID : 102887

(Family Division, Cobb J, 14 June 2013)

The applicant, a medical consultant and professor, while driving came across the body of a woman lying motionless on a pavement, who was later found to have fallen from a nearby building. The doctor performed emergency first aid but despite her efforts and those of the paramedics the woman was pronounced dead.

After attending the body and washing the deceased's blood from her hands she found a number of abrasions to her own skin. She undertook a course of prophylactic antiretroviral medication, due to the risk of contracting a blood-borne disease from the deceased, from which she had suffered significant, unpleasant short-term side effects. The doctor sought to establish whether she was at risk of contracting any serious blood-borne diseases by testing the deceased's blood. The Coroner concluded that he had no objections to testing being carried out although he had no free-standing power to permit testing.

During the police investigation it was established that the deceased was a foreign national with only one relative living in the UK who was her mother's cousin. When contacted she informed the police that the parents had not yet been informed but that she would offer her consent to testing on their behalf. The doctor sought a declaration under the inherent jurisdiction of the High Court that the taking of samples and testing would be lawful.

It was not reasonably practicable to seek the consent of the parents of the deceased within the time available. The parents were currently unaware of their daughter's death and there were no other relatives who would be considered as qualifying persons within the terms of the Human Tissue Act 2004.

Consideration was given to the high importance to be placed on respecting the integrity of the deceased's body but also of the doctor's act of great humanity in administering first aid and the relative's sincere appreciation of that act. If testing were not carried out the doctor would live for the foreseeable future in a state of profound anxious uncertainty as to whether she had contracted a serious, life-threatening illness. Declarations as to the lawfulness of removing samples and carrying out testing were granted. 


Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from