Kenneth Norrie

Recognition of Foreign Relationships under the Civil Partnership Act 2004

An examination of the circumstances in which foreign same-sex relationships will be recognised by applying the rules contained in the Civil Partnership Act 2004

Value and limitation of consent forms

The increase in medical negligence cases, particularly those based on informed consent, has led to a greater use of consent forms. This however, has led to a certain misunderstanding as to their nature and effect, for consent forms do not provide the protection that many doctors believe they do. Consent forms are not contracts, which bind the patient. At most they are evidence that proper discussion between the doctor and the patient has taken place; but they are never conclusive evidence. Their value lies only in that they act as reminders to doctors that consent, to be valid, has to be based on proper information and advice that the patient is entitled to.

No-fault compensation for medical accidents

A discussion of the work of the Scottish Governments No Fault Compensation Group.Medical practice, like any other human activity, sometimes leads to accidents, or unusual complications, or unexpected results. Usually no one is to blame; sometimes someone is at fault. If the patient has been harmed, and the doctor’s act (or failure to act) amounts to what the law calls ‘negligence’, then the patient may seek monetary compensation for the injury they have suffered. Yet any patient who emerges from medical treatment with an injury he or she did not have before the treatment needs care for that injury, whether or not the doctor was negligent, or the negligence caused the injury, or the patient can prove negligence and causation to a sufficient legal standard. The current system of compensation provides high levels of compensation for some patients injured in the course of medical treatment, and no compensation at all for most.

Chasing the chimera: review essay of Nancy Polikoff's beyond (straight or gay) marriage

Reviews Beyond (Straight and Gay) Marriage: Valuing All Families Under the Law, 2008, by Nancy D. Polikoff exploring the debate in the US on the legal recognition of non-traditional forms of family relationships and on the efforts of lesbian, gay bisexual and transgendered (LGBT) activists to achieve recognition for same-sex marriage. Comments on Polikoffs call for the special legal status of marriage to be abolished, and for increased legal rights to be acclaimed as benefits for all families rather than as symbolic victories for the LGBT community. Considers how her arguments apply to the situations in other jurisdictions.

Actions for Verbal Injury

Considers the Outer House ruling in Barratt International Resorts Ltd v Barratt Owners Group on harm to business relations. Discusses the nature of actions for verbal injury including allegations against a persons title to property or against his business and public hatred, contempt and ridicule cases.

Medico-legal aspects of obstetric scanning and genetic screening

While the battle against infectious diseases has seen many successes, the battle against genetic diseases has seen far fewer. This fact is sometimes forgotten since the incidence of births of babies affected with genetic defects has fallen dramatically in recent years; however that fall is due not to the development of cures, but to the development of obstetric scanning and genetic screening, and to the availability of abortion. This gives rise to a number of difficult legal problems. The law of negligence and the possibility of an action against the doctor exists in this field of medical practice as in others, and will be examined first. After that, a number of problems peculiar to this area will be raised.

Medical malpractice: the scope of informed consent in negligence

This article discusses medical malpractice. In particular the scope of informed consent in negligence.