Man banned from having sex with wife by High Court judge – Daily Telegraph

‘Bangladeshi man claims he has right under his culture to have sex with wife, who has mental age of a child, whenever he pleases and she has no right to refuse.’

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Daily Telegraph, 17th December 2014

Source: www.telegraph.co.uk

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Judge rules Jehovah’s Witness boy can receive blood transfusion – The Guardian

Posted December 8th, 2014 in children, consent, medical treatment, news, parental rights by sally

‘A high court judge has ruled that the son of two devout Jehovah’s Witnesses can be given a blood transfusion despite religious objections from his parents.’

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The Guardian, 8th December 2014

Source: www.guardian.co.uk

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Dalsouple Societe Saumuroise du Caouchouc v Dalsouple Direct Ltd and another – WLR Daily

Posted December 4th, 2014 in consent, EC law, news, standard of proof, trade marks by sally

Dalsouple Societe Saumuroise du Caouchouc v Dalsouple Direct Ltd and another [2014] EWHC 3963 (Ch); [2014] WLR (D) 511

‘A person consenting to the registration of a trade mark for the purposes of article 4(5) of Parliament and Council Directive 2008/95/EC must unequivocally demonstrate his intention to renounce his rights. An express statement of consent would satisfy that requirement.’

WLR Daily, 1st December 2014

Source: www.iclr.co.uk

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Woman’s rape was not investigated ‘because she took her clothes off’ – Daily Telegraph

Posted November 18th, 2014 in alcohol abuse, consent, crime, news, police, rape, victims by sally

‘Police watchdog reveals how police wrongly presumed a rape victim must have “consented” to sex.’

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Daily Telegraph, 18th November 2014

Source: www.telegraph.co.uk

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Rape: consenting in a digital age – Halsbury’s Law Exchange

Posted October 24th, 2014 in alcohol abuse, consent, internet, news, rape by sally

‘Rape, as everyone knows, is having penetrative sexual activity with someone without that person’s consent and the defendant not reasonably believing that that person is consenting.’

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Halsbury’s Law Exchange, 24th October 2014

Source: www.halsburyslawexchange.co.uk

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Revenge porn to be criminal offence with threat of two years in jail – The Guardian

Posted October 13th, 2014 in bills, blackmail, consent, internet, news, obscenity, pornography, privacy, prosecutions by sally

‘Revenge pornography – sharing sexually explicit images of former partners without their consent – is to become a criminal offence punishable by up to two years in prison.’

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The Guardian, 12th October 2014

Source: www.guardian.co.uk

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National Crime Agency director general: UK snooping powers are too weak – The Guardian

‘Britons must accept a greater loss of digital freedoms in return for greater safety from serious criminals and terrorists in the internet age, according to the country’s top law enforcement officer.’

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The Guardian, 7th October 2014

Source: www.guardian.co.uk

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NHS Trust 1 and another v FG – WLR Daily

Posted September 9th, 2014 in consent, Court of Protection, health, law reports, medical treatment, mental health by sally

NHS Trust 1 and another v FG [2014] EWCOP 30; [2014] WLR (D) 384

‘Where a person lacked capacity to consent to proposed obstetric treatment, an NHS trust should make an application to the court: (1) where medical intervention proposed in the delivery of a baby amounted to serious medical treatment; (2) where there was a real risk of possible use of more than transient forcible restraint; (3) where there was a serious dispute as to what obstetric care was in the person’s best interests; and (4) where the proposed obstetric care and/or the proposed measures used to facilitate it would amount to a deprivation of liberty. That guidance was not intended to restrict the cases where trusts made an application to the court to only those cases which fell within those categories; it had always to remain open to trusts to make an application to the court if the individual circumstances of the case justified it.’

WLR Daily, 28th August 2014

Source: www.iclr.co.uk

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In re P (A Child) (Adoption: Step-Parent’s Application) – WLR Daily

Posted August 22nd, 2014 in adoption, children, consent, human rights, law reports, proportionality by tracey

In re P (A Child) (Adoption: Step-Parent’s Application); [2014] EWCA Civ 1174; [2014] WLR (D) 381

‘In an adoption application, the key to the approach both to evaluating the needs of a child’s welfare throughout his or her life and to dispensing with parental consent was proportionality. Although the same statutory provisions in respect of welfare and consent, namely sections 1 and 52 of the Adoption and Children Act 2002, applied to an application to adopt by a step-parent, a distinction was to be drawn between adoption in the context of compulsory and permanent placement outside the family against the wishes of the child’s parents, and a step-parent adoption where the child was remaining in the care of one or other of his parents.’

WLR Daily, 15th August 2014

Source: www.iclr.co.uk

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Court of Protection Update (August 2014) – FAmily Law Week

Posted August 21st, 2014 in consent, Court of Protection, mental health, news by tracey

‘In this update Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on developments in the law concerning capacity to consent to sexual relations.’

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Family Law week, 20th August

Source: www.familylawweek.co.uk

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Northumbria Police to re-examine ‘no crime’ rape claims – BBC News

Posted August 20th, 2014 in consent, news, police, prosecutions, rape, standards by tracey

‘A number of rape claims are to be re-examined by police over fears they were incorrectly recorded as a “no crime” Northumbria Police said 33 rapes have this year been listed as “no crime” – when people subsequently inform officers no offence took place – but 11 are to be reinvestigated.’

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BBC News, 19th August 2014

Source: www.bbc.co.uk

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In re D (Children) (CAFCASS: Safeguarding Checks) – WLR Daily

In re D (Children) (CAFCASS: Safeguarding Checks); [2014] EWHC 2376 (Fam); [2014] WLR (D) 312

‘Whether, in private family law proceedings, safeguarding inquiries should be conducted about third parties, such as partners, would depend on the precise circumstances of the various relationships. In practice, it would be expected that co-operation for such inquiries would generally be sought in respect of partners of the parties and if such a partner did not give his or her consent, an application to the court would usually be made by CAFCASS in its discretion.’

WLR Daily, 20th June 2014

Source: www.iclr.co.uk

 

 

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Plea for no new social-media laws – BBC News

‘No new laws are needed to deal with social media – just a better understanding of the existing ones, a leading barrister has told peers.’

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BBC News, 2nd July 2014

Source: www.bbc.co.uk

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Facebook faces UK probe over emotion study – BBC News

Posted July 2nd, 2014 in consent, data protection, internet, news, privacy, select committees by sally

‘A UK regulator is investigating whether Facebook broke data protection laws when it conducted a psychological study on users without their consent.’

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BBC News, 2nd July 2014

Source: www.bbc.co.uk

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New distance selling rules among new UK consumer protection law reforms – OUT-LAW.com

Posted June 16th, 2014 in consent, consumer protection, contracts, EC law, fines, internet, news, time limits by sally

‘Businesses must respect new consumer rights to cancel contracts for services or the supply of digital content over the internet up to a minimum of 14 days after those contracts have been entered into, under new rules which have come into force in the UK.’

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OUT-LAW.com, 13th June 2014

Source: www.out-law.com

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In re G (A Child) (Custody Rights: Stay of Proceedings) – WLR Daily

In re G (A Child) (Custody Rights: Stay of Proceedings): [2014] EWCA Civ 680; [2014] WLR (D) 220

‘As a matter of the domestic law of England and Wales, it was rare for an order relating to a child to be truly final if “final” meant ruling out further applications to the court. An order settling contact, or residence could subsequently be varied or discharged and new arrangements for the child substituted. That did not mean that the order for residence or contact was not final any more than would the fact that proceedings might be taken to enforce the order. Whether particular proceedings had come to an end was a fact specific question which had to be determined by careful examination of the circumstances in which the order which brought the proceedings to an end was made and its precise terms.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

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Tchenguiz and another v Director of the Serious Fraud Office – WLR Daily

Posted May 8th, 2014 in civil procedure rules, consent, disclosure, documents, law reports by tracey

Tchenguiz and another v Director of the Serious Fraud Office: [2014] EWHC 1315 (Comm); [2014] WLR (D) 186

‘A claimant wishing to provide independent counsel with documents which had been disclosed to it in the course of civil proceedings, to obtain advice for potential criminal proceedings, needed the permission of the court to do so as such documents could not be categorised as being “for the purpose of the proceedings” in which the documents had been disclosed within CPR r 31.22.’

WLR Daily, 29th April 2014

Source: www.iclr.co.uk

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Respecting offender’s blood refusal ‘correct’ – BBC News

Posted May 7th, 2014 in blood products, consent, doctors, medical treatment, mental health, news by sally

‘A doctor was right not to administer a blood transfusion to a mentally-ill sex offender refusing it on religious grounds, a High Court judge has said.’

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BBC News, 6th May 2014

Source: www.bbc.co.uk

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‘Do not resuscitate’ orders are failing patients, judges told – Daily Telegraph

Posted May 7th, 2014 in consent, hospitals, human rights, medical records, medical treatment, news by sally

‘Human rights watchdog joins family of patient in attempt to clarify rules over whether doctors must consult the seriously ill before deciding whether to resuscitate them.’

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Daily Telegraph, 6th May 2014

Source: www.telegraph.co.uk

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Pre-signing abortion forms is illegal, General Medical Council admits – Daily Telegraph

Posted May 6th, 2014 in abortion, consent, crime, doctors, documents, illegality, news by tracey

‘More than 60 doctors who pre-signed abortion forms without knowing anything about the women concerned did break the law, the head of the General Medical Council admitted last night as pressure grew on police to investigate.’

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Daily Telegraph, 5th May 2014

Source: www.telegraph.co.uk

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