“Campaigners demand urgent shake-up of court procedure after seven barristers cross-examined a girl every day for three weeks in child-grooming case.”
The Guardian, 19th May 2013
Source: www.guardian.co.uk
Regina (F) v Director of Public Prosecutions [2013] EWHC 945 (Admin); [2013] WLR (D) 178
“For the purposes of an offence of rape contrary to the Sexual Offences Act 2003, choice was crucial to the issue of ‘consent’ to sexual intercourse. Evidence relating to ‘choice’ and the ‘freedom’ to make any particular choice had to be approached in a broad common sense way. Where a man deliberately ignored the basis of his partner’s consent to penetration as a manifestation of his control over her consent to penetration could be vitiated and give rise to a conviction for rape.”
WLR Daily, 24th April 2013
Source: www.iclr.co.uk
“Businesses should have to ask for individuals’ consent before sharing anonymised personal data with third parties, digital rights campaigners have said.”
OUT-LAW.com, 15th May 2013
Source: www.out-law.com
“The BBC has reported today that the law on consent has been further defined by the Lord Chief Justice. The article reads: ‘A woman who agreed to sex might still be the victim of rape, the High Court has ruled. The most senior judge in England and Wales and two other judges said there was consensual penetration, but the man behaved aggressively and ignored the woman’s demand that he not ejaculate.’ ”
Halsbury’s Law Exchange, 25th April 2013
Source: www.halsburyslawexchange.co.uk
“A woman who agreed to sex might still be the victim of rape, the High Court has ruled.”
BBC News, 24th April 2013
Source: www.bbc.co.uk
“Quite a lot, actually. This note considers, two recent High Court (QBD) decisions: Shah v HSBC [2012] EWHC 1283 (Supperstone J.) that clarifies the effect of making a ‘consent’ SAR – to the advantage and benefit of banks and solicitors but disadvantage of their customers and clients; and Dare v CPS [2012] EWHC 2074 (Bean J.) that provides an explanation of what it means to ‘facilitate’ a transaction under PoCA s. 328. In addition there is an afterword about the continuing problem of legal privilege that remains a little discussed, but unresolved, problem for solicitors.”
No. 5 Chambers, 4th February 2013
Source: www.no5.com
“Organisations ‘almost always’ require individuals’ ‘free, specific, informed and unambiguous ‘opt-in’ consent’ in order to make use of personal data they have previously collected in ‘big data’ projects that involve analysing or predicting the ‘personal preferences, behaviour and attitudes of individual customers’, an EU privacy watchdog has said.”
OUT-LAW.com, 9th April 2013
Source: www.out-law.com
“There is no doubt that medical diagnosis and therapy are struggling to keep pace with the genetic information pouring out of the laboratories and sequencing centres. And the issue of medical liability is being stretched on the rack between conventional treatment and the potential for personalised therapy. Treatment of disease often turns out to be different, depending on which gene mutation has triggered the disorder. However fine tuned the diagnosis, it may turn out to be profoundly wrong in the light of subsequent discoveries.”
UK Human Rights Blog, 9th March 2013
Source: www.ukhumanrightsblog.com
“The sensitivity of personal information should be determined by the reasons behind why the information is to be processed, the UK’s data protection watchdog has said.”
OUT-LAW.com, 14th February 2013
Source: www.out-law.com
Regina v B (M) [2013] EWCA Crim 3; [2013] WLR (D) 43
“Under the rule in section 1 of the Sexual Offences Act 2003, unless the defendant’s state of mind amounted to insanity in law, beliefs in consent arising from conditions such as delusional psychotic illness or personality disorders had to be judged by objective standards of reasonableness and not by taking into account a mental disorder which induced a belief which could not reasonably arise without it.”
WLR Daily, 31st February 2013
Source: www.iclr.co.uk
“New UK rules governing the use of online behavioural advertising (OBA) have come into effect.”
OUT-LAW.com, 5th February 2013
Source: www.out-law.com
“The UK’s privacy watchdog will no longer require individuals’ explicit consent in order to serve them with ‘cookies’ when they visit its website.”
OUT-LAW.com, 28th January 2013
Source: www.out-law.com
“The extent of the Queen and Prince Charles’s secretive power of veto over new laws has been exposed after Downing Street lost its battle to keep information about its application secret.”
The Guardian, 14th January 2013
Source: www.guardian.co.uk
“A young woman with learning difficulties who faced the prospect of a court deciding if her pregnancy should be terminated has the capacity to decide herself, the high court has ruled.”
The Guardian, 10th January 2013
Source: www.guardian.co.uk
“Doctors are applying for a court order to allow them to carry out an abortion on a mentally disabled woman without her consent.”
Daily Telegraph, 7th January 2013
Source: www.telegraph.co.uk
“The provisions relating to the existence, validity and applicability of advance decisions, and especially those relating to life-sustaining treatment, are some of the most important in the Mental Capacity Act 2005 (‘MCA 2005’). The penalties for failing to comply with the procedural requirements can result in the overriding by the Court of what may appear to be clear and strongly-held views expressed by P before the onset of incapacity.”
Full story (PDF)
Thirty Nine Essex Street, December 2012
Source: www.39essex.com
“The husband of a woman who died in Addenbrooke’s hospital, Cambridge, has claimed doctors ‘badgered’ her about agreeing to a ‘do not resuscitate’ order. David Tracey alleges two DNR notices were added to his wife Janet’s medical records without her knowledge or consent.”
The Guardian, 5th November 2012
Source: www.guardian.co.uk
“From today (1 October) anyone with a historic conviction for certain decriminalised consensual sex offences can apply to have these records deleted.”
Home Office, 1st October 2012
Source: www.homeoffice.gov.uk
“Statement from Keir Starmer QC, the Director of Public Prosecutions:
‘On 7 September 2012, I received a request from those representing Mr Karl Watkin for my consent for him to bring a private prosecution against Babar Ahmad and Syed Ahsan for a number of offences under the Terrorism Act 2000. I also received copies of the documents upon which Mr Watkin proposes to rely in support of that prosecution.’”
Crown Prosecution Service, 1st October 2012
Source: http://blog.cps.gov.uk
“As Britain’s tabloids close ranks in condemning the publication of pictures of a sunbathing Duchess of Cambridge, it is tempting to conclude that a fear of Leveson lies behind the outbreak of criticism. But in truth anybody who has followed the history of celebrity holiday pictures will know the tabloids are far more cautious than they used to be, after a series of PR disasters and adverse legal rulings have forced privacy issues up the agenda.”
The Guardian, 17th September 2012
Source: www.guardian.co.uk
“Current Awareness is the simplest and most reliable way for lawyers to keep up to date with what is going on in the legal world. The Inner Temple Library team never miss an important event or article.”
— Adam Wagner, http://ukhumanrightsblog.com/