"Clinicians would be alive to the possibility of regulatory or
civil action which allows the issue of whether consent has been properly obtained to be tested in individual cases."
That sounds familiar. Is that not very similar to the JR of the MoJ?
Which to me comes across as - oh, shit, we've made bad law, you little people will have to sue us so that we can fix it.
With no consideration of what it takes to bring action, the stress and suffering involved, let alone the time and energy.