No 10 request for user data from government website sparks alarm – The Guardian

Posted September 11th, 2019 in brexit, consent, data protection, government departments, human rights, internet, news, privacy by tracey

‘Data privacy campaign groups and Labour have expressed alarm after it emerged Downing Street has ordered departments to centralise the collection and analysis of user information from the government’s main public information website ahead of Brexit.’

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The Guardian, 10th September 2019

Source: www.theguardian.com

Court rejects bid to stop Muslim family representing sick girl – The Guardian

Posted September 6th, 2019 in children, consent, Islam, litigation friends, medical treatment, news by tracey

‘An NHS trust has been criticised for arguing that the family of a seriously ill five-year-old girl are incapable of acting in her best interests because of their Islamic religious beliefs.’

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The Guardian, 6th September 2019

Source: www.theguardian.com

Giving birth and the Court of Protection – Transparency Project

Posted September 3rd, 2019 in birth, consent, Court of Protection, health, learning difficulties, news, pregnancy by sally

‘Every year, there are a handful of applications to the Court of Protection to authorise delivery a baby by caesarean section against the wishes of the mother, or where the mother is unable to express a preference due to significant mental impairment. Since the case of FG in 2014 (NHS Trust & Ors v FG [2014] EWCOP 30), the guidance given to medical practitioners has been that a court application is required where a c-section is proposed but the merits are finely balanced or will involve more than transient forcible restraint; where there is a serious dispute about the patient’s best interests; or where there is a real risk that the proposed treatment constitutes a deprivation of the patient’s liberty.’

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Transparency Project, 2nd September 2019

Source: www.transparencyproject.org.uk

Court of Appeal highlights value of early neutral evaluation – Litigation Futures

‘Requiring parties to submit to early neutral evaluation (ENE) against their will is “not an obstruction to or constraint on” their access to the court, the Court of Appeal has ruled.’

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Litigation Futures, 21st August 2019

Source: www.litigationfutures.com

Court “does not need consent of all parties” to order ENE – Litigation Futures

Posted August 12th, 2019 in civil procedure rules, consent, dispute resolution, news by tracey

‘A court has the power to order early neutral evaluation (ENE) even though one party has not consented to it, the Court of Appeal has ruled.’

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Litigation Futures, 9th August 2019

Source: www.litigationfutures.com

Capacity and sexual relations – trying to make it personal – Local Government Lawyer

Posted July 25th, 2019 in consent, Court of Protection, married persons, news by tracey

‘Alex Ruck Keene analyses the latest Court of Protection ruling on capacity and sexual relations.’

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Local Government Lawyer, 19th July 2019

Source: www.localgovernmentlawyer.co.uk

Capacity to consent to sexual relations: obscurity illuminated? – Transparency Project

‘The intimate life of a woman, who is known to the public only by the initials NB, is the subject of a case in the Court of Protection which attracted headlines earlier this year. A further judgment has recently been published, following an interim judgment published in May.’

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Transparency Project, 23rd July 2019

Source: www.transparencyproject.org.uk

Woman must have chemotherapy despite wanting to die, judge rules – The Independent

Posted July 18th, 2019 in cancer, consent, Court of Protection, medical treatment, news by tracey

‘A woman with a brain tumour should have chemotherapy despite “wanting to die”, a judge has decided.’

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The Independent, 17th July 2019

Source: www.independent.co.uk

Tafida Raqeeb: Parents of five-year-old girl in coma launch legal challenge to decision to allow her to die – The Independent

Posted July 17th, 2019 in children, consent, hospitals, medical treatment, news by tracey

‘The parents of a seriously ill five-year-old girl have launched a legal challenge after doctors decided she should be allowed to die.’

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The Independent, 16th July 2019

Source: www.independent.co.uk

Re AB: Termination of pregnancy – Law & Religion UK

Posted July 15th, 2019 in abortion, consent, Court of Protection, learning difficulties, news by tracey

‘Re AB [2019] EWCOP 26, [2019] EWCA Civ 1215[1]. The recent case of Re AB has been widely reported. In it, Lieven J held in the Court of Protection that an NHS Trust was permitted to perform an abortion on a 24-year-old woman. The Court of Appeal overturned that decision. The case created headlines around the world, shining a spotlight on the work of the Court of Protection and the difficult decisions that it has to make on a daily basis.’

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Law & Religion UK, 15th July 2019

Source: www.lawandreligionuk.com

CPS cancels meeting on rape victims’ phone data due to legal action – The Guardian

‘Police chiefs and prosecutors have been accused of treating a coalition of women’s groups with contempt after cancelling a meeting to discuss concerns over requests to hand over mobile phone records in rape investigations.’

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The Guardian, 6th July 2019

Source: www.theguardian.com

High Court rules baby can be given blood without mother’s consent – BBC News

Posted July 5th, 2019 in blood products, children, consent, medical treatment, news, parental rights by sally

‘A High Court judge has ruled that a “gravely ill” baby should have a blood transfusion, even though his mother does not consent on religious grounds.’

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BBC News, 4th July 2019

Source: www.bbc.co.uk

Revenge porn and ‘cyber-flashing’ laws go under review – The Guardian

‘Victims of revenge porn may be given automatic anonymity in court under a government-initiated review of online harassment that could recommend criminalising “cyber-flashing” and “deepfake” images.’

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The Guardian, 26th June 2019

Source: www.theguardian.com

Appeal court overturns forced abortion ruling – The Guardian

Posted June 25th, 2019 in abortion, appeals, consent, learning difficulties, news by sally

‘A court ruling that a woman with learning disabilities must have an abortion against her wishes has been overturned on appeal.’

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The Guardian, 24th June 2019

Source: www.theguardian.com

Data collection leads to discrimination and self-censorship, MPs told – The Guardian

‘Widespread data collection practices lead to self-censorship and discrimination even though most users are not fully aware of how much their privacy is being infringed, a parliamentary committee has been warned.’

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The Guardian, 19th June 2019

Source: www.theguardian.com

Legal challenge launched against decision not to prosecute man who filmed woman naked – The Independent

‘Campaigners have launched a judicial review to challenge the decision not to prosecute a man who secretly filmed a sleeping naked woman.’

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The Independent, 18th June 2019

Source: www.independent.co.uk

Universities urged to hire staff to investigate sexual harassment – The Guardian

‘Universities should hire specialist staff to investigate hate crimes and sexual harassment against their students, according to a report commissioned by the higher education regulator for England.’

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The Guardian, 12th June 2019

Source: www.theguardian.com

Blood products and Jehovah’s Witnesses: DE – Law and Religion UK

‘In Manchester University NHS Foundation Trust v DE [2019] EWCOP 19, DE was a 49-year-old woman who suffered from autism and mild learning difficulties: she and her mother were Jehovah’s Witnesses [3]. In April 2019, DE broke her leg, and the medical evidence was that she needed surgery and that there was a risk that she would require blood transfusion or blood products during the operation [4]. If she did not have the operation, her mobility would be impaired [5] and the need for an operation was urgent.’

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Law and Religion UK, 29th May 2019

Source: www.lawandreligionuk.com

Withdrawal of life support: minimally conscious patients – UK Human Rights Blog

Posted May 31st, 2019 in consent, Court of Protection, medical treatment, news by tracey

‘A Clinical Commissioning Group v P (by her litigation friend the Official Solicitor) and TD [2019] EWCOP 18. The lesson to be learned from this case is to be careful of the hands into which you may fall, should you become incapacitated and end up in a vegetative or minimally conscious state.’

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UK Human Rights Blog, 30th May 2019

Source: ukhumanrightsblog.com

NB on Re NB – Transparency Project

‘At the beginning of April 2019, a Press Association report of an interim hearing at the Court of Protection provoked a number of newspaper headlines and outraged reactions, because it quoted a High Court judge, Mr Justice Hayden, as having spoken of a “fundamental human right” of a man to have sex with his wife. This was in the course of a preliminary hearing in the Court of Protection, a court which makes decisions about and on behalf of adults who lack mental capacity to make decisions themselves. The Court of Protection can decide whether or not an adult lacks mental capacity to make decisions about sexual relations, and if he or she does not, make orders which protect the adult as far as possible from having sexual relations, by imposing restrictions on their freedom of contact with other people. The Court cannot make a decision about whether or not to have sexual relations on behalf of an incapacitated adult, as that is an intimate personal decision which no-one can take on behalf of anyone else. The law’s approach to capacity to marry is exactly the same.’

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Transparency Project, 20th May 2019

Source: www.transparencyproject.org.uk