Log in
This Case Study describes, inter alia, the late Professor David Price's sustained research in the broad field of organ transplantation, from which a substantial knowledge base and research expertise was developed. Its principal focus was on the availability and supply of human organs and tissue for transplantation, the continuing shortages thereof and the implications of shortfalls on quality and loss of This work has led to demonstrable policy and practice developments at national and international levels. Collaboration with policy makers, academics and health professionals across Europe has resulted in legislative developments and changes to policies and professional practice.
Research undertaken by Barlow at Exeter into cohabitation, marriage and the law has shaped, informed and influenced long-running public and policy debates in Britain over the need to reform aspects of family (property) law, in light of widespread public confusion and on-going societal shifts. The research findings on attitudes to cohabitation and marriage, community of property and pre-nuptial agreements and the law, each cited in public consultation papers and reports advocating reform, have influenced the Law Commission and judiciary in the UK and informed German policymakers. The cohabitation research in particular has-
Two particular examples of impact on legislative change and legal practice are described: impact on the parliamentary process and impact on mental health practice and procedure. The first example describes contribution to debate during the parliamentary process for the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill and contribution to the decision to reject rushed emergency legislation. The research team's response to the consultation by the Justice 2 Committee was widely referred to by organisational representatives and individuals in the debates. The second example focuses on the impact from a key text, which has been used by both sides and judges in Sheriff Court appeals. The impact here is in its verifiable effect on the practice of law in courts and in the making of legal determinations.
In 2010 the Ministry of Justice formally accepted recommendations by the Law Commission to introduce a new non-statutory rule of disclosure for trustee exemption clauses in England and Wales. Newcastle research had a direct impact upon the development of the law on trustee exemption clauses. In 2002 Dunn successfully tendered to undertake research on trustee exemption clauses in England and Wales on behalf of the Law Commission. Dunn's research was published by the Law Commission as a separate and distinct chapter of its consultation paper on trustee exemption clauses. The research (alongside consultation responses) influenced the Law Commission's recommendation that a non-statutory rule of disclosure be introduced into the law of England and Wales. This recommendation was accepted by the Government in 2010 and has been implemented by the trust industry.
Until recently, there have been insufficient organs for transplantation in the UK. In 2008, the Prime Minister (Gordon Brown) signalled that, in order to remedy this shortfall, he favoured legislating for a system whereby everyone would be legally presumed to have consented to the `donation' of their organs on death (unless one opted out). Brown commissioned the Organ Donation Taskforce to explore the potential impact of presumed consent legislation on organ `donation' rates. The Taskforce, in turn, commissioned the Centre for Reviews and Dissemination at the University of York to conduct a systematic review of the international evidence. The Centre for Reviews and Dissemination has developed particular research expertise in the conduct of systematic reviews — an established scientific methodology for the conduct of meta-analyses of datasets. The Centre's research findings, in the published view of the Taskforce, provided the "most compelling" argument against a legislative change. The Taskforce ultimately argued that a system of `presumed consent' may actually have a negative effect on donation rates and may erode public trust in the NHS and Government. The alternative policy option it proposed would not only be more effective, it argued, but would avoid any negative side-effects of a `presumed consent' system. Gordon Brown reluctantly accepted this recommendation and abandoned his legislative proposal so that the alternative policy option could be given time to prove its effectiveness. In 2013, this alternative voluntary system succeeded in meeting its target of increased donations. In this way, a 50% national increase in life-saving organ donations was achieved, while a costly and challenging legislative system with its potential erosion of public trust was avoided. The University of York's research has thus helped to set the agenda for future organ donation policy in the UK.
Research carried out by the University of Reading's Dr Samia Bano (Lecturer 2005-2013) explored the experiences of Muslim women who engage with the law, and particularly their engagement with Shariah law. This research had an impact on the decisions and understandings of government policymakers via a subsequent investigation and written report commissioned by and produced for the UK Ministry of Justice (MoJ). This project looked particularly at the realities of the use of Shariah Councils in England and Wales to handle family-related disputes, and provided hitherto unavailable insights into a relatively unknown area of practice, enabling policymakers and other stakeholders to engage with this issue in a more informed manner.
Work by Farsides has had a significant impact on public policy and professional practice and has led to measurable improvement in outcomes. Farsides' research has contributed to an increase of 50 per cent in organ donations. Her work has facilitated the resolution of ethical issues for clinicians caring for potential organ donors, for example through the establishment of an ethical framework for caring for donors after circulatory death. In terms of embryo donation, her research has influenced current practice and policy around consent and payment for donation, and led to the revisiting of guidance relating to donation and freezing policies.
Professor John Finnis has been engaged in a programme of research in legal and constitutional theory. His work on the legal and political responsibilities of UK ministers when acting to affect the law of a British Overseas Territory played a pivotal role in the decision of the House of Lords to reverse the Court of Appeal`s interpretation of the Colonial Laws Validity Act 1865 (CVLA). The Court of Appeal had held that UK ministers could not properly legislate in the interests of the UK as a whole (including its dependent territories), but only in the interests of the particular territory itself. Relying on Finnis`s arguments, the House of Lords changed that precept. Finnis`s work also persuaded members of the House of Lords to express doubts about a central holding of an earlier decision, which concerned the capacity in which ministers acted in legislating in dependent territories. Finnis`s arguments have been relied on in legal argument in later cases, and have been recognised and reaffirmed in subsequent Court of Appeal and Supreme Court judgments. In this way, they have helped to change fundamental constitutional principles affecting not only all citizens in the UK, but also those in its Overseas Territories around the world.
Research on health information governance conducted by Laurie (2009-2013) resulted in a transformed and streamlined regulatory environment across Scotland through design and implementation of a state-of-the-art good governance framework for the Scottish Health Informatics Programme (SHIP). This interdisciplinary consortium promotes the facilitation of health-related research through data linkage to deliver new health benefits to current and future generations. Laurie's work overcame regulatory hurdles to effective data linkage and put in place a framework that has been widely adopted and endorsed by NHS stakeholders, researchers, data custodians and publics, as well as the Scottish Government in its cross-sectoral data linkage agenda.
Research undertaken at the University of Manchester (UoM) considers legal guidelines as they relate to the Care of Extremely Premature and/or Sick Neonates and has sought to identify deficiencies in the law, clarify the issues at stake in policy debates and make proposals for constructive responses. Impact has occurred through the utilisation of research in an influential Nuffield Council on Bioethics (NCOB) report. This has led to uptake within guidance provided to health professionals and parents, and ultimately the implementation of report recommendations — most notably the timetable that correlates the decision process on resuscitation to set stages in gestational age, alongside a more holistic approach to best interests — by the British Association of Perinatal Medicine (BAPM) in 2008. The BAPM guidance continues to have a significant impact on clinical practice.