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    A different kind of death? Barts NHS Trust v Dance and Battersbee
    (SAGE Publishing, 2023-04-19) Lyons , Barry; Donnelly, Mary
    The case of Archie Battersbee, a 12-year-old boy who suffered a catastrophic hypoxic brain injury, was the subject of several Family Division and Appeal Court hearings between April and August 2022. During the protracted legal process, appeals were made by the family to the Supreme Court, the European Court of Human Rights, and the United Nations’ Committee on the Rights of Persons with Disabilities (CRPD Committee). These were unsuccessful in achieving a stay on the withdrawal of life-sustaining interventions, whose continuance the Family Division of the High Court had found not to be in Archie’s best interests. This commentary focuses on two novel aspects of the proceedings: the Court of Appeal’s overturning of Arbuthnot J’s conclusion that Archie was brainstem dead, and the CRPD Committee’s intervention in response to the family’s appeal.
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    Disputing death: Brain death in the courts
    (Cambridge University Press, 2023-04-20) Donnelly , Mary; Lyons, Barry
    Death by neurological criteria (DNC) has remained controversial since its introduction over 50 years ago. Objections to the diagnosis of DNC have been coming before the courts in various jurisdictions, including at least seven recent challenges before the UK courts. In responding to these challenges, the UK courts have expressed no doubts as to the status of DNC and have affirmed that following a diagnosis of DNC, the matter of best interests is no longer relevant. Yet, the courts have also, tacitly, acknowledged that DNC is not quite the same as cardio-pulmonary death. This paper begins by setting out the origins of DNC as a medico-legal construction, and its ongoing controversies. It then analyses the treatment of DNC, including authorisation of DNC testing, by the UK courts. It shows that the courts have been operating a form of ad hoc reasonable accommodation of different views of DNC but have done so without normative engagement. The paper argues that the courts should recognise that DNC disputes are not simply concerned with whether, as a matter of fact, DNC has been correctly diagnosed, but also raise profound questions about rights and interests, both of families and of the DNC dead.
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    Learning from medical litigation
    (American Society of Clinical Oncology, 2023-01-18) Forrest, Clara; Madden, Deirdre; O'Sullivan, Martin J.; O'Reilly, Seamus
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    An emergency of banking and of law: The resolution of Anglo Irish Bank
    (Irish Judicial Studies Journal, 2023) Lefeuvre, Élise; McCarthy, Jonathan
    The bank guarantee night and the fall of Anglo Irish Bank are landmarks of modern Irish history. The impact goes beyond Irish politics and economy. The example of Anglo Irish Bank represents a unique case of banking resolution with wide financial and legal implications which still resonate at EU level. In order to demonstrate the effects of the resolution, this article investigates the recapitalisation, the nationalisation, the merger, and the liquidation of Anglo Irish Bank. The analysis of debates, legislation, judgments, and banks’ financial statements allows for an understanding of how the resolution worked and why it was controversial. A central argument of this article is that recapitalisation succeeded in containing the scale of the Irish banking crisis, despite the significant costs, and that recapitalisation should therefore be treated as a relevant option for future banking resolution. The nationalisation, merger, and liquidation measures were equally necessary in restructuring the Irish banking sector. The article argues the merits of public resolution, especially as the State is able to impose measures swiftly in the best interests of the economy.