Paul Weller wins damages from the Mail Online – BBC News

‘Rock star Paul Weller has won £10,000 damages after pictures of his children were “plastered” on the Mail Online.’

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BBC News, 16th April 2014

Source: www.bbc.co.uk

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Baby in Alessandra Pacchieri forced caesarean case adopted – The Guardian

Posted April 16th, 2014 in adoption, birth, children, consent, Court of Protection, Italy, mental health, news by tracey

‘The daughter of an Italian woman who had a forced caesarean section while in the UK has been adopted by “good and loving people”, the country’s top family judge has announced.’

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The Guardian, 15th April 2014

Source: www.guardian.co.uk

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ICO urges app developers to respect users’ privacy – RPC Privacy Law

‘The Information Commissioner’s Office (ICO) has published guidance aimed at helping mobile app developers comply with the Data Protection Act 1998 (DPA) and ensure that the privacy of app users is protected.’

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RPC Privacy Law, 11th April 2014

Source: www.rpc.co.uk

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Life after death – New Law Journal

‘Jonathan Herring explores a clear case of compassion from the courts.’

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New Law Journal, 4th April 2014

Source: www.newlawjournal.co.uk

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Care Proceedings: Who is Best Placed to Provide Best Evidence? – Family Law Week

‘Eleanor Battie, barrister of Crown Office Row, Brighton, asks whether the demand for speed in care proceedings is at the cost of best expert evidence.’

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Family Law Week, 1st April 2014

Source: www.familylawweek.co.uk

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Bone marrow disorder appeal fails – UK Human Rights Blog

Posted April 2nd, 2014 in appeals, consent, duty of care, medical treatment, medicines, news, standards by sally

‘This was an appeal against the finding by HHJ Robinson, sitting as a High Court Judge, that there was no duty of care owed to the appellant in respect of his rare genetic disorder ([2013] EWHC 469 (QB), [2013] Med. L.R. 191). See my previous post for the factual and medical background of the claim. Briefly, the appellant suffered from a rare genetic version of the platelet insufficiency disorder, aplastic anemia (AA), the disorder in question being known as Dyskeratosis Congenita (“DC”).’

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UK Human Rights Blog, 1st April 2014

Source: www.ukhumanrightsblog.com

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Court of Protection: NHS Trust asks judge to rule on hysterectomy for woman with serious mental health condition – The Independent

Posted April 1st, 2014 in consent, Court of Protection, health, medical treatment, mental health, news by sally

‘A woman with a serious mental health condition should undergo a hysterectomy after being handcuffed and escorted by four guards to the operating table, an NHS Trust told a High Court Judge on Monday.’

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The Independent, 31st March 2014

Source: www.independent.co.uk

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“With this diode, I thee wed”: Marrying robots and what this tells us about 21st century marriage – Family Law Week

Posted March 26th, 2014 in age of consent, consent, divorce, equality, gender, marriage, news by sally

‘Janet Bettle, Barrister, Trinity Chambers, Chelmsford and Jonathan Herring, Professor of Law, Exeter College, University of Oxford examine the nature of marriage and how it may evolve.’

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Family Law Week, 25th March 2014

Source: www.familylawweek.co.uk

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Warren v Care Fertility (Northampton) Ltd and another – WLR Daily

Posted March 20th, 2014 in assisted reproduction, consent, human tissue, law reports, time limits, widows by tracey

Warren v Care Fertility (Northampton) Ltd and another: [2014] EWHC 602 (Fam);  [2014] WLR (D)  135

‘Pursuant to section 3 of the Human Rights Act 1998, regulation 4(3)(b) of the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009 was required to be construed in a purposive way so as to ensure compatibility with rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

 

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Frozen sperm fight ends in victory – BBC News

Posted March 14th, 2014 in assisted reproduction, consent, human tissue, married persons, news by tracey

‘A widow’s legal battle to keep her dead husband’s frozen sperm is finally over after the fertility regulator said it would not take the case back to the courts.’

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BBC News, 13th March 2014

Source: www.bbc.co.uk

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Fatal bug surgeon John Lu wins disclosure case – BBC News

Posted March 14th, 2014 in consent, disclosure, doctors, medical treatment, news by tracey

‘A surgeon who unwittingly spread a fatal infection cannot be forced to tell future patients about his clinical history, the High Court has ruled.’

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BBC News, 13th March 2014

Source: www.bbc.co.uk

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Supreme Court places protection of vulnerable parties ahead of need for finality in litigation – Litigation Futures

‘The policy underlying the Civil Procedure Rules is that protected parties need protection not only from themselves but also from their legal advisers, the Supreme Court ruled yesterday.’

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Litigation Futures, 13th March 2014

Source: www.litigationfutures.com

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High Court rules dead partner’s sperm can be kept despite lack of written consent – UK Human Rights Blog

‘Elizabeth Warren -v- Care Fertility (Northampton) Limited and Other [2014] EWHC 602 (Fam). The High Court has ruled in favour of a 28-year-old woman who wanted her late husband’s sperm to be retained even though the correct written consent was not in place. Mrs Justice Hogg (“Hogg J”) ruled that Mrs Warren has a right under Article 8 of the European Convention on Human Rights (the right to respect for private and family life) to decide to become a parent by her deceased husband.’

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UK Human Rights Blog, 12th March 2014

Source: www.ukhumanrightsblog.com

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Widow wins battle over late husband’s sperm – Daily Telegraph

Posted March 7th, 2014 in assisted reproduction, consent, human tissue, married persons, news by tracey

‘Physiotherapist Beth Warren, 28, from Birmingham, today won a High Court   battle with the UK fertility regulator. A judge ruled in Mrs Warren’s favour after a trial in London. But Mrs Justice Hogg gave the Human Fertilisation and Embryology Authority (HFEA) the go-ahead to take the case to the appeal court.’

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Daily Telegraph, 6th March 2014

Source: www.telegraph.co.uk

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Trade Marks: British Shorinji Kempo Federation v Shorinji Kempo Unity – NIPC Law

Posted March 3rd, 2014 in appeals, consent, intellectual property, news, trade marks by sally

‘Two interesting points arose in British Shorinji Kempo Federation v Shorinji Kempo Unity [2014] EWHC 285 (Ch) (17 Feb 2014) in which my colleague Thomas Dillon appeared for the British Shorinji Kempo Foundation (“BSKF”) on a pro bono basis. The first was what constitutes genuine use for the purpose of s.6A of the Trade Marks Act 1994. The second was the methodology by which the judge determined whether the mark that had BSKF sought to register was similar to one that had previously been registered by Shorinji Kempo Unity (“SKU”) and if so whether there was any likelihood of confusion for the purposes of s.5 (2) of the Act.’

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NIPC Law, 24th February 2014

Source: www.nipclaw.blogspot.co.uk

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Schizophrenic with a gangrenous leg allowed to refuse amputation – Daily Telegraph

Posted February 24th, 2014 in consent, medical treatment, mental health, news by sally

‘Doctors at a West Midlands hospital were faced with the medical dilemma after the unnamed woman, whose infected foot became mummified and fell off, refused to undergo the operation.’

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Daily Telegraph, 21st February 2014

Source: www.telegraph.co.uk

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Food for thought: is an unauthorised photo of your restaurant meal an IP breach? – Legal Week

Posted February 19th, 2014 in consent, food, intellectual property, internet, misrepresentation, news, photography by sally

‘I do it. My friends do it. And I suspect that you’ve occasionally done it. It is what is colloquially referred to as ‘food porn’ – the salivating over restaurant menus online in preparation for a meal and then, depending on your social media connectedness, the Instagram shot of what you are about to devour.

One would think the broadcasting of delicious delicacies by diners would be welcomed by chefs and restaurateurs as free advertising of their wares. Not so. France TV Info reports that Gilles Goujon, who operates a three-starred restaurant called L’Auberge du vieux Puits in the south of France declares that such activities are not only poor etiquette (fair enough) but, when his dishes appear online, it takes away “a little bit of my intellectual property”. The BBC reports that another chef in La Madelaine-sous-Montreuil in the north of France has also inserted a ‘no camera’ provision on his menus.’

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Legal Week, 18th February 2014

Source: www.legalweek.co.uk

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Regina v Avanzi – WLR Daily

Regina v Avanzi [2014] extempore; [2014] WLR (D) 55

‘When at issue, the burden of proving incapacity under the Sexual Offences Act 2003 fell on the party asserting it, namely the Crown, who had to discharge the burden to the criminal standard of proof and make the jury sure the complainant did not have the capacity to consent.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

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Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) – WLR Daily

Posted February 5th, 2014 in confiscation, consent, joint enterprise, law reports, mistake, proceeds of crime by sally

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) [2014] UKSC 5; [2014] WLR (D) 40

‘The fact that a confiscation order had been made by consent did not preclude a defendant from appealing against it on the ground that the consent had been based on a mistake of law as a result of wrong legal advice.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

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Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) – WLR Daily

Posted February 4th, 2014 in appeals, confiscation, consent, law reports, Northern Ireland, Supreme Court by sally

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) [2014] UKSC 5; [2014] WLR (D) 40

‘The fact that a confiscation order had been made by consent did not preclude a defendant from appealing against it on the ground that the consent had been based on a mistake of law as a result of wrong legal advice.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

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