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

‘I’m a Celebrity – Get Me a Confidentiality Clause!’ – No. 5 Chambers

Posted November 26th, 2019 in confidentiality, consent, divorce, media, news, non-disclosure agreements by sally

‘The national press has relished reporting the ongoing saga of Ant McPartlin’s divorce from his former wife, Lisa Armstrong. The public have been informed of the details regarding the extent of the couple’s wealth (reported to be around £62m), the amount the couple have spent on legal costs (reported to be £1.5m) and the latest offer made by Ant (reported to consist of a package which would leave Lisa with around £31m). Lisa denies that Ant has made such an offer but perhaps of most interest to divorce lawyers is the suggestion that whatever the true extent of Ant’s offer, Lisa is not prepared to sign a consent order due to Ant’s insistence that any such order should contain a non-disclosure agreement (N.D.A.)’

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No. 5 Chambers, 19th November 2019

Source: www.no5.com

Blood products and Jehovah’s Witnesses: An NHS Trust v C NHS Trust & Ors – Law & Religion UK

Posted November 22nd, 2019 in blood products, children, consent, medical treatment, news by tracey

‘In An NHS Trust v C NHS Trust & Ors [2019] EWHC 3033 (Fam), CX, now fourteen, had been diagnosed with lymphatic cancer when he was three. He was treated successfully, but in 2019 his cancer returned [1]-[2]. As a result of the chemotherapy that he was to receive, it was likely that his blood counts would drop significantly and that he would need transfusions of blood products [5]. Both CX and his mother were Jehovah’s Witnesses: each was willing to consent to the proposed chemotherapy, stem cell harvesting and the return of the stem cells following chemotherapy, but would not consent to the administration of blood and/or blood products – which the doctors believed to be a necessary and integral part of CX’s recovery.’

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Law & Religion UK, 21st November 2019

Source: www.lawandreligionuk.com

Ban child marriage: safeguard futures – Counsel

Posted November 20th, 2019 in children, consent, marriage, news by sally

‘Child marriage is ‘any formal marriage or informal union between a child under the age of 18 and an adult or another child’ (UNICEF). Child marriage is not a criminal offence in England and Wales. Children can marry between the ages of 16-17 with parental consent in accordance with s 3 of the Marriage Act 1949. Marriages that take place involving children below the age of 16 are void but they are not criminalised. There is no legal provision currently in place that prevents religious or customary child marriages, at any age, from taking place. Often religious or customary marriages carry even more weight than civil marriages within certain families or communities. Whilst there may only be a minority of civil marriages taking place with parental consent between children from the ages of 16-17 years old, it is unknown how many British children are married abroad and how many religious and customary marriages involving children take place each year.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk

‘Completely Inappropriate’: Raise Age Of Digital Consent To 16, MPs Say – Rights Info

Posted November 6th, 2019 in age of consent, children, consent, data protection, internet, news by sally

‘The age at which children can legally consent to having their personal data processed by tech companies should be raised from 13 to 16, MPs have urged.’

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Rights Info, 5th November 2019

Source: rightsinfo.org

New Judgment : Sequent Nominees Ltd (formerly Rotrust Nominees Ltd) v Hautford Ltd (a company registered in the British Virgin Islands) [2019] UKSC 47 – UKSC Blog

Posted November 1st, 2019 in appeals, consent, housing, landlord & tenant, news, planning, Supreme Court by sally

‘This appeal concerned a landlord’s refusal to make a planning application for increased residential use. The tenant challenged this decision on the basis that it was unreasonable. The County Court and the Court of Appeal agreed with the tenant and the landlord appealed to the Supreme Court. The question for the Court was whether the trial judge was right to find the landlord had acted unreasonably in withholding consent.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

Why The Legal Definition Of Consent Fails Victims – Rights Info

‘A British man called Jason Lawrance is appealing his conviction for raping a woman. The woman had willingly had unprotected sex with him – he told her he’d had a vasectomy – but she pressed charges after he texted her to say he had lied.’

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Rights Info, 31st October 2019

Source: rightsinfo.org

Shannon Woodley discusses Raqeeb V Barts NHS Foundation Trust – Park Square Barristers

Posted October 31st, 2019 in children, consent, EC law, hospitals, human rights, judicial review, medical treatment, news by sally

‘A series of high-profile cases have highlighted the difficulty faced by the courts when presented with chronically ill children who have exhausted their options for medical treatment in the UK, and whose parents or carers wish to take them abroad to seek further treatment.’

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Park Square Barristers, 8th October 2019

Source: www.parksquarebarristers.co.uk

Court of Appeal gives green light to consumer rights campaigner in 4 million person strong representative action against Google – Henderson Chambers

‘On 2 October 2019, the Court of Appeal, in a unanimous judgment given by Sir Geoffrey Vos, Chancellor of the High Court, upheld the Claimant’s appeal in the case of Richard Lloyd v Google LLC [2019] EWCA Civ 1599. The Court of Appeal reversed the decision of the court below and gave Mr Lloyd permission to serve Google LLC outside the jurisdiction (in the US), enabling him to proceed with his representative action. The class he represents is composed of an estimated 4 million Apple iPhone users. Any substantive judgment will prove interesting in demonstrating the role of representative and group actions in the space of consumer rights at the intersection of tech and information rights. Google LLC, however, has confirmed that it intends to appeal this procedural point to the Supreme Court.’

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Henderson Chambers, 7th October 2019

Source: www.hendersonchambers.co.uk

Court of Appeal orders early neutral evaluation despite party objection – Family Law

‘The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent to that course. There was no reason to imply into the relevant rule giving the court power to order ENE any limitation based on the parties’ consent: Lomax v Lomax [2019] EWCA Civ 1467.’

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Family Law, 21st October 2019

Source: www.familylaw.co.uk

Sex abuse compensation rules ‘must change’ – BBC News

‘Rules that mean some victims of childhood sex abuse are denied compensation must be changed, MPs have told the Victoria Derbyshire programme.’

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BBC News, 23rd October 2019

Source: www.bbc.co.uk

Public law children cases: improving parental situations, robust case management and judicial pressure – Local Government Lawyer

‘Georgina Dalton rounds up the latest children law cases, including rulings on improvements to parents’ situations, unfair judicial pressure, and deprivations of liberty of 16-17 year olds.’

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Local Government Lawyer, 18th October 2019

Source: www.localgovernmentlawyer.co.uk

The Supreme Court’s Judgment on the Limits of the Exercise of Parental Responsibility – Family Law

‘The focus of this case is whether the confinement of a young person aged 16-17 years-old, found not to be Gillick (Gillick v West Norfolk and Wisbech AHA House of Lords [1986]) competent, amounted to a deprivation of his liberty where his parents had consented to such confinement.’

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Family Law, 20th October 2019

Source: www.familylaw.co.uk

Court of Appeal orders early neutral evaluation despite party objection – Family Law

Posted October 22nd, 2019 in case management, civil procedure rules, consent, dispute resolution, news by tracey

‘The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent to that course. There was no reason to imply into the relevant rule giving the court power to order ENE any limitation based on the parties’ consent: Lomax v Lomax [2019] EWCA Civ 1467.’

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Family Law, 21st October 2019

Source: www.familylaw.co.uk

Legal advice privilege “survives” company’s dissolution – Legal Futures

‘Legal advice privilege (LAP) attaching to communications between a company and its lawyers survives the dissolution of the company, even if the Crown has disclaimed all interest in its former property, the Court of Appeal has ruled.’

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Legal Futures, 7th October 2019

Source: www.legalfutures.co.uk

Man who does not understand consent has right to pursue sex, court rules – The Guardian

‘The court of protection has ruled that a man who cannot understand the issue of consent must be allowed to pursue sexual relationships.’

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The Guardian, 3rd October 2019

Source: www.theguardian.com

Supreme Court considers parental responsibility and deprivation of liberty – Family Law Week

‘The Supreme Court, by a majority of three to two, has held, in D (A Child) [2019] UKSC 42, a case concerning a young person lacking mental capacity, that there is no scope for the operation of parental responsibility to authorise what would otherwise be a violation of a fundamental human right of a child, that is his liberty.’

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Family Law Week, 26th September 2019

Source: www.familylawweek.co.uk

Thousands of rape reports inaccurately recorded by police – The Guardian

Posted September 20th, 2019 in consent, criminal records, mental health, news, police, rape, statistics by sally

‘Thousands of reports of rape allegations have been inaccurately recorded by the police over the past three years and in some cases never appeared in official figures, the Guardian can reveal.’

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The Guardian, 19th September 2019

Source: www.theguardian.com