Surrogacy Law Update (February 2015) – Family Law Week

Posted February 27th, 2015 in consent, limitations, news, surrogacy by tracey

‘Andrew Powell, barrister of 4 Paper Buildings, reviews recent important judgments concerning surrogacy including the President’s landmark decision in Re X.’

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Family Law Week, 26th February 2015

Source: www.familylawweek.co.uk

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CA supports anonymity orders in personal injury approval hearings – UK Human Rights Blog

‘For some years there has been debate between the judges about whether anonymity orders should be made when very seriously injured people’s claims are settled and the court is asked to approve the settlement. This welcome decision of the Court of Appeal means that anonymity orders will normally be made in cases involving protected parties.’

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UK Human Rights Blog, 19th February 2015

Source: www.ukhumanrightsblog.com

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‘Revenge porn’ criminalised: What is it and what are the consequences? – The Independent

Posted February 18th, 2015 in bills, consent, internet, news, pornography by sally

‘Revenge porn, which has been used to cause a person harm, to blackmail people into sex, and which has been used against children as young as 11, has been criminalised.’

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The Independent, 12th February 2015

Source: www.independent.co.uk

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Judge brands rape victim ‘foolish’ for drinking too much – Daily Telegraph

Posted February 16th, 2015 in alcohol abuse, consent, Crown Prosecution Service, news, rape, sentencing, victims by sally

‘Mr Justice Males describes rape victim as ‘very unwise” for drinking so much in a nightclub she was raped by two men.’

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Daily Telegraph, 13th February 2015

Source: www.telegraph.co.uk

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Rapists guilty after Lincoln Crown Court judge overruled – BBC News

Posted February 13th, 2015 in appeals, consent, evidence, news, rape by tracey

‘Three men have been convicted of rape, despite a judge trying to stop their trial because of a lack of evidence. Judge John Pini QC halted the trial of Michael Armitage, Pawel Chudzicki and Rafal Segiet saying it could not be proved the woman did not have the capacity to consent. In an unusual move, the prosecution challenged the decision and the Court of Appeal overruled the judge.’

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BBC News, 12th February 2015

Source: www.bbc.co.uk

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“Nowadays not all law can be simple law; but the best law remains simple law” – Family Law Week

Posted February 11th, 2015 in appeals, child abduction, children, consent, custody, families, joinder, litigation friends, news by sally

‘Christopher Hames and Dorothea Gartland, of 4 Paper Buildings, & Nina Hansen, a partner of Freemans Solicitors, consider the important Court of Appeal judgment in Re M (Republic of Ireland) (Children’s Objection) (Joinder of Children as Parties).’

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Family Law Week, 4th February 2015

Source: www.familylawweek.co.uk

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Fifty Shades court cases: a Grey area of law – Daily Telegraph

‘The man who squirted his girlfriend with brown sauce, the woman with faulty lubricant…The five most bizarre court cases inspired by 50 Shades of Grey.’

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Daily Telegraph, 10th February 2015

Source: www.telegraph.co.uk

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Court guidelines for rape victims ‘are not working’, as study finds aggressive cross-examination and intimidating encounters are still common – The Independent

‘Victims of rape and sexual violence are not being properly protected during trials and should be dealt with in special courts, according to a new study to be published tomorrow. Guidelines meant to highlight the vulnerability of victims and special measures, such as allowing evidence to be given behind screens, “are not having their intended effect”, researchers at Bath University’s Institute for Policy Research warn.’

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The Independent, 8th February 2015

Source: www.independent.co.uk

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Rihanna and image rights – Law Society’s Gazette

‘The singer’s recent trademark win over Topshop isn’t necessarily good news for celebrity claimants; each case will be taken on its merits.’

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Law Society’s Gazette, 3rd February 2015

Source: www.lawgazette.co.uk

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What data protection reform will mean for obtaining ‘customer consent’ – OUT-LAW.com

Posted February 4th, 2015 in consent, data protection, EC law, legislation, medical records, news, privacy by sally

‘FOCUS: If a business wants to process data that relates to a person located in the EU, it must comply with EU privacy laws. By far one of the easiest ways to lawfully process personal data is by obtaining consent from the person whose data a business would like to process.’

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OUT-LAW.com, 3rd February 2015

Source: www.out-law.com

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Campaigners hail DPP’s tough new rape guidelines as ‘huge step forward’ – The Independent

Posted January 29th, 2015 in consent, Crown Prosecution Service, news, police, rape by sally

‘Radical changes to the way sex offences are investigated have been hailed as a “huge step forward” by campaigners.’

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The Independent, 28th January 2015

Source: www.independent.co.uk

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A Capacitous Patient’s Consent to Medical Treatment is Still Fundamental, Even Where the Treatment Takes Place in Accident and Emergency – Zenith PI Blog

Posted January 27th, 2015 in appeals, consent, duty of care, hospitals, medical treatment, negligence, news by sally

‘In the case of Anita Border v Lewisham and Greenwich NHS Trust [2015] EWCA Civ 8, recently heard by the Court of Appeal, a Senior House Officer in the Accident and Emergency Department commenced a treatment in the face of explicit protestation by the Claimant, and without discussing with her what her alternatives were.’

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Zenith PI Blog, 26th January 2015

Source: www.zenithpi.wordpress.com

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Ex-teacher imprisoned over affair with pupil – The Guardian

‘A former drama teacher who fathered a child during an affair, which began when the girl was a pupil, has been jailed for 12 months, despite a plea from his wife for leniency.’

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The Guardian, 20th January 2015

Source: www.guardian.co.uk

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Court of Protection Update (January 2015) – Family Law Week

‘In this update Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on the applicable procedure for cases in which urgent and serious medical treatment is required.’

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Family Law Week, 16th January 2015

Source: www.familylawweek.co.uk

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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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