Resolving the rules of insolvency – 11 Stone Buildings

Posted July 28th, 2015 in appeals, consent, costs, cross-claims, insolvency, liquidators, news, winding up by sally

‘Restructuring & Insolvency analysis: In what ways has Re Kingstons Investments Ltd shed light on longstanding ambiguities in the Insolvency Rules 1986? Jamie Riley, commercial litigator at 11 Stone Buildings, explores the case and explains why the final decision will be so important for insolvency lawyers.’

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11 Stone Buildings, June 2015

Source: www.11sb.com

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Modernising the law on informed consent – Hardwicke Chambers

Posted July 28th, 2015 in appeals, birth, consent, doctors, medical treatment, news, Supreme Court by sally

‘The recent Supreme Court decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11, 11 March 2015 has seen the courts move away from the previously paternalistic laws on informed consent and take a step towards recognising the more modern relationship between doctor and patient.’
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Hardwicke Chambers, 2nd June 2015

Source: www.hardwicke.co.uk

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Providing protective care to people unable to consent to treatment – Law Commission

‘The Mental Capacity Act aims to protect people who lack mental capacity but need to be deprived of liberty in order to receive appropriate care and treatment in hospitals and care homes. But the safeguards are not meaningful for disabled and older people and their families, local councils and the NHS are struggling to meet their obligations under the law, and people who live in other settings – such as supported living – are being left unprotected.’

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Law Commission, 7th July 2015

Source: www.lawcom.gov.uk

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Placement and Adoption: if a thing is worth doing, it is worth doing well – Family Law Week

Posted July 3rd, 2015 in adoption, consent, news, placement orders by tracey

‘Mavis Amonoo-Acquah, Pupil Barrister, 1 Garden Court Family Law Chambers, considers recent judicial guidance, and its application, in respect of non-consensual adoption.’

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Family Law Week, 23rd June 2015

Source: www.familylawweek.co.uk

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Mother’s bid to use dead daughter’s eggs fails – BBC News

Posted June 16th, 2015 in assisted reproduction, consent, grandparents, news by sally

‘A mother cannot use her dead daughter’s frozen eggs to give birth to her own grandchild, the High Court in London has ruled.’
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BBC News, 15th June 2015

Source: www.bbc.co.uk

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Chetham’s violin teacher found not guilty of rape – The Guardian

Posted June 9th, 2015 in consent, news, rape, school children, teachers by tracey

‘A former violin teacher accused of abusing his power and influence to prey on students has been found not guilty of rape.’

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The Guardian, 8th June 0215

Source: www.guardian.co.uk

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Connolly v Croydon Health Services NHS Trust [2015] EWHC 1339 (QB) and Buswell v Symes [2015] EWHC 1379 (QB) – Zenith PI Blog

‘Multiple witness statements and credibility of witnesses.’

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Zenith PI Blog, 4th June 2015

Source: www.zenithpi.wordpress.com

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Men and women ‘cannot consent to sex if they are drunk’, new report suggests – The Independent

Posted June 4th, 2015 in alcohol abuse, consent, news, rape, reports by sally

‘A rape charity has welcomed a report into sexual offence legislation that has called for legal amendments so a person who is severely intoxicated would lose the capacity to consent to sex.’
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The Independent, 3rd June 2015

Source: www.independent.co.uk

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Patient consent and medical advice – Law Society’s Gazette

Posted May 27th, 2015 in appeals, birth, consent, disabled persons, medical treatment, news, Supreme Court by sally

‘On 11 March 2015, the Supreme Court unanimously agreed that Nadine Montgomery should succeed in her claim against NHS Lanarkshire following a birth complication during the delivery of her son in October 1999, which resulted in him suffering severe disabilities.’

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Law Society’s Gazette, 22nd May 2015

Source: www.lawgazette.co.uk

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Court approves caesarean for mentally-ill woman – BBC News

Posted May 21st, 2015 in birth, consent, medical treatment, mental health, news by sally

‘Doctors can perform a caesarean section on a mentally-ill woman who is in the latter stages of pregnancy without her consent, a judge has ruled.’
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BBC News, 20th May 2015

Source: www.bbc.co.uk

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Using photographs from social media—rights of privacy – Halsbury’s Law Exchange

Posted May 13th, 2015 in complaints, consent, internet, media, news, photography, privacy by tracey

‘The Independent Press Standards Organisation (IPSO) recently upheld a complaint against a newspaper after it published an image taken from social media without consent.’

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Halsbury’s Law Exchange, 13th May 2015

Source: wwww.halsburyslawexchange.co.uk

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Mother in legal battle to bear dead daughter’s child – BBC News

Posted May 8th, 2015 in bereavement, children, consent, families, grandparents, news, pregnancy, surrogacy by tracey

‘A mother is launching a legal battle for possession of her dead daughter’s frozen eggs so that she can become pregnant with her own grandchild.’

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The Guardian, 8th May 2015

Source: www.guardian.co.uk

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Brighton men jailed for ‘spiked drinks’ rape – BBC News

Posted May 1st, 2015 in alcohol abuse, consent, news, rape, sentencing by tracey

‘Three men have been jailed for raping a 19-year-old woman they plied with drink and drugs during a party in Brighton.’

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BBC News, 30th April 2015

Source: www.bbc.co.uk

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Informed Consent – a new era? – 39 Essex Chambers

Posted April 29th, 2015 in consent, health, medical treatment, news, pregnancy, Supreme Court by sally

‘In a powerful, unanimous, 7 member-decision the Supreme Court has resolved, and possibly revolutionised, the issue of consent.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

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Consent to treatment – Hailsham Chambers

Posted April 20th, 2015 in codes of practice, consent, disclosure, doctors, medical treatment, negligence, news by sally

‘Medicine is a changing field, and the way it is practised is in many ways unrecognisable today from 30 years ago. Diagnostic techniques have improved. The technology is better. New drugs come onto the market. Patients are better informed. Less and less are patients inclined to take the stance that “doctor knows best”. There is a plethora of information available through the internet enabling patients to obtain information about symptoms, investigations, treatment options, risks and side-effects; there are patient support groups; healthcare institutions issue leaflets; pharmaceutical products are labelled and contain data sheets intended to give the public information, including in relation to risks; there is a constant raising of awareness of medical accidents and perceived inadequacies of healthcare provision through the media including social media. Whistle-blowing legislation protects those within the health service who wish to remove the veil from poor standards in hospital. And there have been some high-profile inquiries and reports which have revealed severely substandard practice in some places, two obvious examples being North Staffordshire and Morecambe Bay. The result is that the person who walks through the door of a consulting room today is likely to be very different to the person who walked in 30 years ago: better informed, cannier, more suspicious perhaps, more demanding, less resigned.’

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Hailsham Chambers, 26th March 2015

Source: www.hailshamchambers.com

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Revenge porn: New offence comes into force – Daily Telegraph

Posted April 13th, 2015 in consent, internet, news, photography, pornography, prosecutions by sally

‘Sharing indecent images to embarrass former partners will carry up to two years’ imprisonment, as new law also cracks down on internet ‘trolls’.’

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Daily Telegraph, 12th April 2015

Source: www.telegraph.co.uk

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Montgomery Rules following the demise of Sidaway – No. 5 Chambers

Posted April 2nd, 2015 in appeals, birth, consent, hospitals, negligence, news, Scotland, Supreme Court by sally

‘The Supreme Court decision in the case of Montgomery v. Lanarkshire Health Board [2015] UKSC 11, 11 March 2015 sounds the death knell for Sidaway. The Supreme Court comprised of 7 Law Lords has now unequivocally said that Sidaway should not be followed in medical cases where consent is in issue. Allowing the appeal from the Scottish courts by a woman whose baby suffered shoulder dystocia in labour, the Supreme Court held that women have a right to information about ‘any material risk’ in order to make autonomous decisions about how to give birth.’

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No. 5 Chambers, 30th March 2015

Source: www.no5.com

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Clinical negligence: patients’ wishes are paramount – Park Square Barristers

Posted April 2nd, 2015 in birth, consent, doctors, hospitals, medical treatment, negligence, news by sally

‘Richard Paige discusses 2 recent decisions which are essential reading for any clinical negligence practitioner: they establish that patients’ wishes are paramount. Doctors must ensure that patients are sufficiently informed and must not censor information.’

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Park Square Barristers, 14th March 2015

Source: www.parksquarebarristers.co.uk

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Facebook ‘tracks all visitors, breaching EU law’ – The Guardian

Posted April 1st, 2015 in computer programs, consent, data protection, EC law, internet, news, privacy by sally

‘Facebook tracks the web browsing of everyone who visits a page on its site even if the user does not have an account or has explicitly opted out of tracking in the EU, extensive research commissioned by the Belgian data protection agency has revealed.’

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The Guardian, 31st March 2015

Source: www.guardian.co.uk

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Google’s misuse of private browsing data entitles individuals to damages – Court of Appeal – UK Human Rights Blog

‘This case concerned the misuse of private information by an internet provider based in the United States. Google had secretly tracked private information about users’ internet browsing without their knowledge or consent, and then handed the information on to third parties (a practice known as supplying Browser-Generated Information, or ‘BGI’).’

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UK Human Rights Blog, 31st March 2015

Source: www.ukhumanrightsblog.com

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