Jacobs -v- Chalcot Crescent (Management) Company Limited [2024] EWHC 259 (Ch) – Gatehouse Chambers

Posted March 14th, 2024 in amendments, consent, covenants, delay, landlord & tenant, leases, news by sally

‘At a hearing in January 2024, Mr Justice Fancourt allowed an appeal from the decision of HHJ Hellman in which the Judge had determined that the Defendant landlord had reasonably withheld its consent to alterations.’

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Gatehouse Chambers, 27th February 2024

Source: gatehouselaw.co.uk

Removing UK climate protesters’ defence ‘could erode right to trial by jury’ – The Guardian

‘A UK government attempt to remove one of the last remaining defences for climate protesters would be a slippery slope to the erosion of the constitutional right to trial by jury, the court of appeal was told on Wednesday.’

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The Guardian, 21st February 2024

Source: www.theguardian.com

More to do to tackle rape misconceptions and lack of understanding of consent, CPS survey finds – Crown Prosecution Service

Posted January 30th, 2024 in consent, Crown Prosecution Service, news, rape, young persons by tracey

‘More still needs to be done to tackle common false beliefs about rape and understanding of consent, especially among young people, according to the largest survey of its kind in five years.’

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Crown Prosecution Service, 26th January 2024

Source: www.cps.gov.uk

Landowner’s supreme court case threatens Dartmoor wild camping victory – The Guardian

Posted January 11th, 2024 in appeals, commons, consent, news, parks, statutory interpretation, Supreme Court by sally

‘The right to wild camp on Dartmoor could be under threat again after the supreme court granted permission for a wealthy landowner to bring a case against it.’

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The Guardian, 10th Janaury 2024

Source: www.theguardian.com

Crunch time for cookie use, watchdog warns – BBC News

‘Some of the UK’s most visited websites could face fines unless they make it clearer that cookies are optional.’

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BBC News, 21st November 2023

Source: www.bbc.co.uk

TikTok prankster Mizzy jailed for 18 weeks for breaching court order – The Guardian

Posted November 22nd, 2023 in consent, imprisonment, internet, news, sentencing, video recordings by sally

‘The TikTok prankster Mizzy has been jailed for 18 weeks by a judge who said his videos were “not funny”.’

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The Guardian, 21st November 2023

Source: www.theguardian.com

Back to the drawing board for patient autonomy? Informed consent following McCulloch – Guildhall Chambers

Posted November 15th, 2023 in appeals, chambers articles, consent, doctors, negligence, news by sally

‘In the most significant decision on informed consent since Montgomery, the Supreme Court have held that the question of what “reasonable alternative treatments” a doctor has a duty to inform their patient about is governed by the “professional practice test” (as in Bolam). As to the disclosure of “material risks” inherent in treatment, the test in Montgomery endures.’

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Guildhall Chambers, 24th October 2023

Source: www.guildhallchambers.co.uk

Woman who suffered complications from vaginal mesh implant awarded at least £1m – The Guardian

Posted November 13th, 2023 in compensation, consent, hospitals, medical treatment, negligence, news, women by tracey

‘A woman who suffered traumatic complications from a vaginal mesh implant has been awarded a record settlement of at least £1m from the NHS.’

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The Guardian, 13th November 2023

Source: www.theguardian.com

Religious objection to vaccination: Re WSP (A Child) – Law & Religion UK

Posted October 27th, 2023 in appeals, children, consent, human rights, Islam, news, parental responsibility, vaccination by sally

‘In WSP (A Child), Re (Vaccination: Religious Objection) [2023] EWHC 2622 (Fam), UPP, the mother of a 9-month-old boy, WSP, who had been in local authority care since March 2023, asked the Court to exercise its inherent jurisdiction to injunct the local authority from exercising its parental responsibility under s.33(3) Children Act 1989 to arrange for the child to receive several routine childhood vaccinations. She maintained that it was not in WSP’s best interests to be vaccinated and that to vaccinate him without her consent would violate her rights under Article 9 ECHR, both alone and when taken together with Article 14, as given effect by the Human Rights Act 1998. The local authority and the guardian opposed the application.’

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Law & Religion UK, 26th October 2023

Source: lawandreligionuk.com

High Court judge backs council decision on vaccination of child, rejects objections of mother – Local Government Lawyer

‘The High Court has ruled that a mother cannot prevent the local authority caring for her child having him vaccinated.’

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Local Government Lawyer, 26th October 2023

Source: www.localgovernmentlawyer.co.uk

TikTok star Mizzy banned from social media and faces custodial sentence – BBC News

Posted October 27th, 2023 in consent, criminal behaviour orders, internet, news by sally

‘The TikTok star known as Mizzy has been banned from using social media and faces a custodial sentence after he was found guilty of posting videos featuring people without their consent.’

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BBC News, 26th October 2023

Source: www.bbc.co.uk

Termination, will and preferences – another difficult dilemma for the Court of Protection – Mental Capacity Law and Policy

Posted October 26th, 2023 in abortion, consent, Court of Protection, news, pregnancy by sally

‘The very difficult case of Re H (An Adult; Termination) [2023] EWCOP 183[1] stands out for the careful attempt by the judge – John McKendrick KC (sitting as a Tier 3 judge) to comply with (in CRPD language) the will and preferences of a woman with a mental disorder undergoing a profound crisis. The questions he had to answer were whether the woman, H, had capacity to make the decision to consent to terminate her pregnancy,[2] and, if she lacked that capacity, whether a termination was in her best interests; and, if a termination were to be in her best interests, whether this should be carried out by a medical procedure (i.e. the administration of drugs) or a surgical procedure.’

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Mental Capacity Law and Policy, 25th October 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Indi Gregory: Legal challenge from critically ill baby’s parents dismissed – BBC News

Posted October 24th, 2023 in appeals, children, consent, hospitals, medical treatment, news, parental rights by tracey

‘The parents of a critically ill baby have had a legal challenge against a ruling to end life-support treatment dismissed.’

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BBC News, 23rd October 2023

Source: www.bbc.co.uk

Public Law Newsletter: Sept 23 – Spire Barristers

‘Public Law Newsletter September 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 12th September 2023

Source: www.spirebarristers.co.uk

Appeals from personal welfare decisions – the Court of Appeal allocates the costs – Mental Capacity Law and Policy

Posted October 17th, 2023 in appeals, consent, costs, Court of Protection, elderly, medical treatment, news by sally

‘In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in person (on her behalf, and on behalf of other family members) from a decision[1] of Hayden J relating to her mother, a 78 year old woman identified as VA. Hayden J had declared that VA lacked capacity to conduct proceedings or consent to medical treatment including extubation and associated treatment and care. The order further provided that, pursuant to s.16 MCA 2005, it was in VA’s best interests, and the court consented on her behalf, to undergo extubation and the provision of palliative care in accordance with a care and treatment plan prepared by the treating team at the hospital where she was being looked after. The order was made some seven weeks after Morgan J endorsed a consent order that a tracheostomy and insertion of a PEG was in VA’s best interests, but in circumstances where very shortly afterwards the woman’s daughter, VK, sought to challenge the position.’

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Mental Capacity Law and Policy, 15th October 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Brain stem death, an explainer of the law in England & Wales, and a question of consent – Mental Capacity Law and Policy

Posted September 26th, 2023 in children, codes of practice, consent, medical treatment, news by sally

‘The case of Andy Casey sheds light again on the difficult question of diagnosing death by neurological criteria (“DNC”), and the wider question of what, in fact, it means to be dead. For those who want to know more about it, this explainer by my colleagues Victoria Butler-Cole KC and Ben Tankel is helpful; my review of the recent book on the medico-legal development of neurological death in the UK by Dr Kartina Choong may also be helpful. And some may want to see the 2008 Code of Practice for the Diagnosis and Confirmation of Death by the Academy of Medical Royal Colleges, as well as the 2015 RCPCH Code relating to those under 2 months old (both currently under review).’

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Mental Capacity Law and Policy, 25th September 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Use of x-rays in asylum age assessments “inaccurate” and “unethical”, experts warn – Local Government Lawyer

Posted September 21st, 2023 in asylum, children, consent, immigration, medical treatment, news, x-rays by sally

‘Medical experts have criticised the use of x-rays to determine the age of lone migrant children and young people seeking asylum in the UK.’

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Local Government Lawyer, 20th September 2023

Source: www.localgovernmentlawyer.co.uk

Independent review of disagreements in the care of critically ill children – the report and recommendations – Mental Capacity Law and Policy

Posted September 19th, 2023 in children, consent, families, hospitals, medical treatment, news, reports by sally

‘The Nuffield Council on Bioethics has today, 18 September 2023, published the report of the review it was commissioned in December 2022 to carry out the Secretary of State for Health and Social Care, following a Government commitment in the Health and Care Act 2022. We have now laid this review before Parliament and are encouraging the Government to act on our recommendations.’

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Mental Capacity Law and Policy, 18th September 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Sharlotte Naglis death: No-consent blood test law earns council backing – BBC News

‘Calls by the mother of a girl killed by a drink and drug driver to change the law over testing blood without consent to speed up police investigations has been backed by her local council.’

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BBC News, 18th September 2023

Source: www.bbc.co.uk

Relatives of roofer on ventilator wait for ruling in treatment dispute – The Independent

Posted September 12th, 2023 in consent, families, hospitals, medical treatment, news by tracey

‘Relatives of a roofer who suffered a brain injury after being punched in the head are waiting for a High Court judge to rule in a life-support treatment dispute.’

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The Independent, 12th September 2023

Source: www.independent.co.uk