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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Vaginal piercings have always been FGM – Halsbury’s Law Exchange

Posted March 26th, 2015 in consent, crime, female genital mutilation, news by sally

‘In the UK some women choose to have their clitoris pierced to enhance their sexual pleasure. Recent headlines in the UK announced that vaginal piercings are now being classed as female genital mutilation (FGM) under new NHS guidelines. The truth is that vaginal piercings have always fallen within the definition of FGM but the lack of clear guidance to piercing clinics and the absence of clear guidance for health professionals has affected the way that traditionally mutilated girls and women are treated. The new guidelines are part of a package of measures designed to identify those at risk of traditional procedures in a non-discriminatory way as part of necessary intervention that ought to engage all health practitioners in the campaign to eradicate FGM in the UK.’

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Halsbury’s Law Exchange, 25th March 2015

Source: www.halsburyslawexchange.co.uk

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New sentencing measures to take effect next month – Ministry of Justice

‘A series of tougher sentencing measures, new criminal offences and a more balanced judicial review system will come into force when the Criminal Justice and Courts Act 2015 takes effect on 13 April.’

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Ministry of Justice, 20th March 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

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Judge hits out at Court of Appeal over consent order in deprivation of liberty case – Local Government Lawyer

‘A High Court judge has accused the Court of Appeal of apparently taking a “procedurally impermissible route” and making a consent order that was ultra vires, in legal proceedings over whether a woman looked after at home had been deprived of her liberty.’

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Local Government Lawyer, 18th March 2015

Source: www.localgovernmentlawyer.co.uk

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Mental Capacity Law Newsletter – Thirty Nine Essex Street

Mental Capacity Law Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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Expectations are not existing facts – Nearly Legal

‘Enfield LBC v Najim (2015) CA (Civ Div) 04/03/2015. This was Enfield’s appeal from a s.204 appeal quashing Enfield’s decision and review decision that Ms N was intentionally homeless.’

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Nearly Legal, 5th March 2015

Source: www.nearlylegal.co.uk/blog/

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This is Abuse summary report – Home Office

‘This report summarises the development and evaluation of the campaign.’

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Home Office, 8th March 2015

Source: www.gov.uk/home-office

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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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