Judiciary to design new online consent course for family judges – Local Government Lawyer

‘The Courts and Tribunals Judiciary is to prepare an online resource for family judges dealing with issues of consent and stereotypes in sexual cases.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

Council overturns allotment change-of-use ban at CoA – Local Government Lawyer

‘The Court of Appeal has overturned a High Court ruling that Kirklees Metropolitan Borough Council must keep an allotment site in use, in a ruling that Lord Justice Lewison called “very strange”.’

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Local Government Lawyer, 19th February 2020

Source: www.localgovernmentlawyer.co.uk

Issues of consent in fact-find hearing – Becket Chambers

‘In December 2019 Ms. Justice Russell DBE heard an appeal from a fact-finding hearing that took place in private law Children Act proceedings at the Central Family Court in London in the summer of 2019. Her judgement was given in January 2020 and is reported as JH v. MF [2020] EWHC 86 (Fam).’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Lawyers and women’s rights charities call for family court judge’s cases to be reviewed – Local Government Lawyer

‘Over 130 family lawyers and women’s rights groups have called for Judge Tolson’s continuing cases to be reviewed, following Justice Russell’s condemnation of the family court judge’s treatment of an allegation of sexual assault in a child protection fact-finding trial last month.’

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Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

Domestic Abuse – Are Outdated Misconceptions Still Prevalent in the Legal System? – Becket Chambers

‘This article explores the issue of domestic abuse in the appeal of Re H v F [2020].’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Sexual assault in the family courts – a practical approach – Parklane Plowden

‘Looking at the issue of consent and considering how these cases should be approached following the decision in H v F [2020] EWHC 86 (fam).’

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Parklane Plowden, 18th February 2020

Source: www.parklaneplowden.co.uk

‘Outdated family-court rape views need addressing’ – BBC News

Posted February 19th, 2020 in appeals, consent, domestic violence, families, family courts, judges, news, rape, sexual offences by sally

‘A judge who dismissed a woman’s claim she had been raped, as she had done “nothing physically” to stop the alleged perpetrator, is among a number of family court judges to hold “outdated views”, a joint letter says.’

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BBC News, 19th February 2020

Source: www.bbc.co.uk

Lessons to be learned after judge criticised for ‘obsolescent’ views – Family Law

‘A family case has recently been the subject of an unusual level of attention from the media, both legal and mainstream, much of it reflecting badly upon the family justice system. I thought I should look at the case, in particular, the lessons that can, or cannot, be learned from it.’

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Family Law, 7th February 2020

Source: www.familylaw.co.uk

‘Training is not enough’: Family lawyers target Tolson over ‘outdated’ views on consent – Law Society’s Gazette

‘Lawyers, campaigners and politicians are calling for wider action to be taken after a judge was condemned for employing “obsolescent concepts” on consent in a family case.’

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Law Society's Gazette, 6th February 2020

Source: www.lawgazette.co.uk

Gender reassignment treatments for young people to get expert review – The Guardian

Posted February 3rd, 2020 in children, consent, gender, medicines, news, statistics, transgender persons, young persons by sally

‘The use of hormone treatments for young people who want to undergo gender reassignment is to be examined by experts, it has emerged.’

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The Guardian, 2nd February 2020

Source: www.theguardian.com

Filming partner without their consent during sex ruled a criminal offence – The Guardian

‘Anyone who films a partner during sex without their consent is committing the criminal offence of voyeurism, the court of appeal has ruled in a case that may affect the Crown Prosecution Service’s apparent reluctance to bring charges.’

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The Guardian, 28th January 2020

Source: www.theguardian.com

Former transgender patient will tell court that sex change clinic is putting children on ‘torturous’ path – Daily Telegraph

Posted January 23rd, 2020 in children, consent, hospitals, medical treatment, news, transgender persons by tracey

‘A former transgender patient has mounted an unprecedented legal challenge against a sex change clinic she claims is putting children on a “torturous”, “permanent” and “unnecessary path, High Court documents reveal.’

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Daily Telegraph, 22nd January 2020

Source: www.telegraph.co.uk

Female judge criticises male colleague who told woman she wasn’t raped as she didn’t fight back – Daily Telegraph

Posted January 23rd, 2020 in appeals, consent, judges, news, rape by tracey

‘A female judge has criticised an “outdated” male colleague after he ruled that a woman had not been raped by her violent partner because she “took no physical steps” to stop him during sex.’

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Daily Telegraph, 22nd January 2019

Source: www.telegraph.co.uk

Sperm donations from dead men should be allowed, study says – BBC News

Posted January 21st, 2020 in assisted reproduction, consent, embryology, human tissue, news by sally

‘Sperm donations taken from men after they have died should be allowed, a study says.’

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BBC News, 21st January 2020

Source: www.bbc.co.uk

‘Upskirting’ of women and girls is a daily occurrence, new figures show – Daily Telegraph

Posted January 10th, 2020 in consent, news, photography, sexual offences, victims, voyeurism, women by tracey

‘Incidents of men taking “upskirt” photographs of women are being reported on an almost daily basis since tougher new legislation was introduced, with victims known to be as young as 13. The first figures to chart the impact of the Voyeurism Offences Act show that almost one victim a day has contacted police to report being targeted since the law came into effect in April last year.

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Daily Telegraph, 10th January 2020

Source: www.telegraph.co.uk

Nurse launches legal test case with claim children cannot consent to transgender treatment – Daily Telegraph

Posted January 7th, 2020 in children, consent, judicial review, medical treatment, news, transgender persons by sally

‘Children cannot consent to transgender treatment, a nurse bringing a landmark legal case has said, claiming that many are autistic, homosexual or just confused.’

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Daily Telegraph, 6th January 2020

Source: www.telegraph.co.uk

High court to decide if children can consent to gender reassignment – The Guardian

‘A landmark test case to establish whether children can give informed consent to medical treatment for gender reassignment begins in the high court this week.’

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The Guardian, 5th January 2020

Source: www.theguardian.com

Some you might have missed – Panopticon

Posted December 5th, 2019 in consent, data protection, human rights, immigration, internet, news, privacy by sally

By which we mean: some that we did miss blogging about. With apologies and better late than nevers, here’s a round-up of three recent(ish) cases worthy of note. In R (Open Rights Group) v SSHD digital campaigners Open Rights Group and The3million (campaigning on behalf of so many EU Citizens living in the UK) challenged the immigration exemption – one of the few new features in the DPA 2018 that strengthens the controller’s hand – as incompatible with fundamental charter rights to privacy and protection of personal data. They also contended that it was too broad, vague and lacking in the safeguards required by the parent Article 23 GDPR (which enables Member States to enact domestic exemptions).The exemption follows a formula which is familiar from other exemptions, old and new – processing of personal data relating to some public good is exempt from data subject rights, to the extent that the public good is jeopardised by execise of those rights. The immigration-specific exemption is new – as the Secretary of State’s witness explained [29], ‘where an exemption was required in an immigration context, reliance was placed on the crime exemption contained latterly in s.29 of DPA 1998’. In other words, the Home Office was getting by OK under the old regime, and one aspect of the challenge to the exemption was that the introduction of a measure infringing fundamental rights must be ‘strictly necessary’.

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Panopticon, 5th December 2019

Source: panopticonblog.com

There’s ADR…and Then There’s ADR: It’s Not All the Same – Hardwicke Chambers

Posted December 4th, 2019 in consent, dispute resolution, families, news by sally

‘In this case, an application under the Inheritance (Provision for Family & Dependants) Act 1975, the Defendant refused consent to an Early Neutral Evaluation (‘ENE’) hearing. By an order dated 20 May 2019, Parker J therefore declined to order one, on the basis that the court did not have power to do so in such circumstances where consent to an ENE hearing is withheld by one of the parties.’

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Hardwicke Chambers, 27th November 2019

Source: hardwicke.co.uk

Consent and expediency: binding non-signatories to international arbitration agreements – Six Pump Court

Posted December 4th, 2019 in arbitration, consent, enforcement, international law, news by sally

‘The issue of whether non-signatories to arbitration agreements can nevertheless be bound by such agreements is one of increasing importance as recourse to arbitration grows. The traditional limits of arbitration as defined by consent have come under increasing pressure given the enthusiasm for arbitration as the preferred means of dispute resolution in the context of international agreements.’

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Six Pump Court, 2nd December 2019

Source: www.6pumpcourt.co.uk