Family faces ‘decade of torture’ if bid to withdraw life support from vegetative Gulf War hero fails – Daily Telegraph

Posted November 28th, 2016 in consent, Court of Protection, medical treatment, news by tracey

‘The family of a Gulf War veteran left in a coma after a road accident say they face a decade of “torture” if their legal bid to remove his life support fails. Lindsey Briggs is campaigning for doctors to allow her husband Paul to “pass away with dignity”, 17 months after he collided head-on with a car using the wrong lane while riding his motorbike.’

Full story

Daily Telegraph, 27th November 2016

Source: www.telegraph.co.uk

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Cryogenics case not a precedent – Law Society’s Gazette

Posted November 22nd, 2016 in burials and cremation, consent, human rights, human tissue, medical treatment, news by sally

‘A widely publicised family court ruling which had the effect of allowing the freezing of the body of a 14-year-old girl does not set any precedent about the rights and wrongs of cryopreservation, the judge in the case has suggested.’

Full story

Law Society’s Gazette, 18th November 2016

Source: www.lawgazette.co.uk

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Corporeal freedom after death? – UK Human Rights Blog

Posted November 21st, 2016 in children, consent, divorce, human rights, human tissue, news by sally

‘A great deal has been written about this case but few of the headlines reflect the humanity and sensitivity of the decision, which may not be ground breaking nor precedent setting, but reflects how the law should respond to individual wishes if those play out in a way that cannot harm anyone else. Post-mortem cryonics may have a certain morbid ring, but it is a matter of individual choice, provided the resources are there to pay for it. As the judge observed, it was:

“no surprise that this application is the only one of its kind to have come before the courts in this country, and probably anywhere else. It is an example of the new questions that science poses to the law, perhaps most of all to family law.”‘

Full story

UK Human Rights Blog, 20th November 2016

Source: www.ukhumanrightsblog.com

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Is There A Human Right To Cryogenically Freeze Your Body? – RightsInfo

‘The mother of a dying girl has been given the right to cryogenically freeze her daughter’s body after her death, in the hope that she will one day be resurrected and cured. What are the human rights implications?’

Full story

RightsInfo, 18th November 2016

Source: www.rightsinfo.org

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14-year-old girl who died of cancer wins right to be cryogenically frozen – The Guardian

Posted November 18th, 2016 in cancer, children, consent, human tissue, medical treatment, news by sally

‘A 14-year-old girl who said before dying of cancer that she wanted a chance to live longer has been allowed by the high court to have her body cryogenically frozen in the hope that she can be brought back to life at a later time.’

Full story

The Guardian, 18th November 2016

Source: www.guardian.co.uk

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Will-writer fined £30k after complaints over nuisance calls – Law Society’s Gazette

Posted November 11th, 2016 in complaints, consent, fines, news, telecommunications, wills by tracey

‘will-writing company which accuses traditional law firms of ‘failing the bereaved’ has been fined £30,000 for making nuisance calls. The Information Commissioner’s Office (ICO) imposed the penalty against Assist Law, based in Weston-super-Mare, Somerset.’

Full story

Law Society’s Gazette, 11th November 2016

source: www.lawgazette.co.uk

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Dying boy’s parents lose palliative care court fight – BBC News

Posted November 7th, 2016 in children, consent, medical treatment, news by sally

‘A terminally ill boy should be moved to a palliative care regime proposed by specialists despite his parents’ objections, a judge has ruled.’

Full story

BBC News, 4th November 2016

Source: www.bbc.co.uk

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Informed consent: Surgeons respond to Montgomery – UK Human Rights Blog

Posted October 31st, 2016 in consent, medical treatment, news by sally

‘On 27 October 2016, the Royal College of Surgeons issued some guidance on obtaining consent in the light of the 2015 Supreme Court decision in Montgomery.’

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UK Human Rights Blog, 30th October 2016

Source: www.ukhumanrightsblog.com

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Ched Evans’ family may ‘take action’ against Loose Women – BBC News

Posted October 19th, 2016 in complaints, consent, media, news, rape by sally

‘The family of footballer Ched Evans have said they may take legal action after a discussion of his rape acquittal on ITV’s Loose Women.’

Full story

BBC News, 18th October 2016

Source: www.bbc.co.uk

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We cannot allow the courts to judge rape by sexual history – The Guardian

Posted October 18th, 2016 in consent, news, rape, sexual offences, victims by sally

‘The Ched Evans case threatens women’s right to fair treatment in the courtroom. Battles won may have to be fought again.’

Full story

The Guardian, 17th October 2016

Source: www.guardian.co.uk

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Speech by Mr Justice Baker: A matter of life or death – Courts and Tribunals Judiciary

Posted October 17th, 2016 in consent, euthanasia, judiciary, medical treatment, speeches by tracey

‘Oxford Shrieval Lecture on 11 October 2016.’

Full speech

Courts and Tribunals Judiciary, 14th October 2016

Source: www.judciary.gov.uk

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Woman who posed as man to trick friend into sex appeals against sentence – The Guardian

Posted September 21st, 2016 in appeals, consent, news, sentencing, sexual offences, transsexuals by tracey

‘Court of appeal will consider Gayle Newland’s legal challenge against eight-year prison term next month.’

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The Guardian, 21st September 2016

Source: www.guardian.co.uk

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UK woman allowed to use dead daughter’s eggs in US – BBC News

Posted September 12th, 2016 in appeals, assisted reproduction, consent, grandparents, news by sally

‘A woman wanting to use her dead daughter’s frozen eggs to give birth to her own grandchild is being allowed to export them to the US for treatment.’

Full story

BBC News, 9th September 2016

Source: www.bbc.co.uk

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Hyperlinking to unauthorised images – EU court reveals all – Technology Law Update

Posted September 12th, 2016 in consent, EC law, intellectual property, internet, news, photography by sally

‘The European court has ruled that commercial hyperlinking to photographs published on a website without the copyright-holder’s consent can be illegal. This is in contrast to the situation where hyperlinks are posted that link to material freely available elsewhere on the web with the copyright-holder’s consent .’

Full story

Technology Law Update, 9th September 2016

Source: www.technology-law-blog.co.uk

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The need for Parliament’s consent to trigger Art 50 is a matter of EU Law – Halsbury’s Law Exchange

Posted August 17th, 2016 in consent, EC law, news, parliament, referendums, treaties by sally

‘Paragraph 1 of Art 50 of the Treaty on European Union, governing voluntary withdrawal of a member state from the EU, reads: “Any member state may decide to withdraw from the Union in accordance with its own constitutional requirements.” This right is followed in the next paragraph by an obligation: “A member state which decides to withdraw shall notify the European Council of its intention.” This contribution addresses a single hypothetical scenario, namely, one in which Theresa May triggers Art 50 without prior parliamentary approval, asking: If she did this, would she be acting illegally? Several legal commentators have now offered answers to this question, the majority in the affirmative, and last month a legal action began by which the claimants wish to enjoin May from so acting. Thus the judges will have the final say. But which judges?’

Full story

Halsbury’s Law Exchange, 16th August 2016

Source: www.halsburyslawexchange.co.uk

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Threefold rise in number of sex offences in schools reported to police – The Guardian

‘The number of sex offences in schools reported to police has almost trebled in four years, a study has shown.’

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The Guardian, 8th August 2016

Source: www.guardian.co.uk

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Colm O’Cinneide: Why Parliamentary Approval for the Triggering of Article 50 TEU Should Be Required as a Matter of Constitutional Principle – UK Constitutional Law Association

‘The argument that Article 50 of the Treaty on European Union (TEU) cannot be lawfully triggered without the consent of Parliament has generated plenty of excited discussion over the last week, both in specialist legal circles and in the wider world. The announcement by Mishcon de Reya that that legal action was pending to ‘ensure the UK Government will not trigger the procedure for withdrawal from the EU without an Act of Parliament’ has brought this debate to boiling point. Some commentators have talked excitedly about a ‘legal dream team… launching a last gasp legal bid to preserve Britain’s European Union membership’. In response, there has been a visceral backlash in pro-Leave ranks against what they see as an attempt by conniving lawyers to thwart the will of the people. The front page of the Daily Express on 4 July 2016 led with the banner headline ’Top Lawyers in Threat to Referendum Vote & Democracy’, going on to warn about ‘outrage and rioting on the streets’. Similarly, Professor Frank Furedi commenting on Twitter described the proposed legal action as nothing less than an ‘authoritarian attempt at a “legal” coup’, with Brendan O’Neill indulging in similar hysteria in the Spectator.’

Full story

UK Constitutional Law Association, 7th July 2016

Source: www.ukconstitutionallaw.org

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Agoraphobic can be sedated and taken from home to undergo eye surgery, judge rules – Daily Telegraph

‘An agoraphobic woman can be sedated and taken from the home she has hardly left for many years so doctors can perform an eye operation, a judge has ruled.’

Full story

Daily Telegraph, 7th July 2016

Source: www.telegraph.co.uk

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Fertility regulator wrongfully denied consent for mother’s surrogacy – UK Human Rights Blog

Posted July 5th, 2016 in appeals, assisted reproduction, consent, news, surrogacy by sally

‘The Court of Appeal has ruled that a 60 year old woman may use her daughter’s frozen eggs to give birth to her own grandchild. Her daughter, referred to as A in the judgment, died of cancer at the age of 28 in 2011. The High Court had dismissed M’s argument that the HFEA had acted unlawfully by refusing to allow the eggs to be exported to a fertility clinic in the United States where an embryo would be created using donor sperm, and implanted in the mother.’

Full story

UK Human Rights Blog, 1st July 2016

Source: www.ukhumanrightsblog.com

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Regina v Walker (Triston) [2016] EWCA Crim 751 – WLR Daily

Regina v Walker (Triston) [2016] EWCA Crim 751

‘The defendant was charged with murder. On 4 August 2007 the crown prosecutor made a decision to charge his co-accused with assisting an offender. That decision was taken employing the threshold test in the Code for Crown Prosecutors issued by the Director of Public Prosecutions (“DPP”) under section 37A of the Police and Criminal Evidence Act 1984 and considering the statutory charging procedures set out in section 37B, namely that when a case was referred by police to the DPP, the DPP should decide whether there was sufficient evidence to charge, decide which offence to charge and notify the police of his decision. The co-accused was charged by police on 21 August and the next day he was sent for trial. On 10 October a crown prosecutor gave written consent to the institution of proceedings against the co-accused. At trial the co-accused gave evidence which was broadly supportive of the defendant’s account but which contradicted that account in some respects. The defendant was convicted of murder. He sought leave to appeal against conviction, contending that the proceedings against the co-accused were a nullity, since the DPP had not given his consent until after he had been sent for trial; that, therefore, the co-accused should not have been on the same indictment as the defendant; that the co-accused’s contradictory evidence had done collateral damage to the defendant’s case; and that the conviction was therefore unsafe.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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