Puberty blockers: under-16s ‘unlikely to be able to give informed consent’ – The Guardian

‘Children under the age of 16 considering gender reassignment are unlikely to be mature enough to give informed consent to be prescribed puberty-blocking drugs, the high court has ruled.’

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The Guardian, 1st December 2020

Source: www.theguardian.com

A Costly Lesson? A discussion of the decision in Belsner v Cam Legal Services Limited [2020] EWHC 2755 (QB) – Parklane Plowden Chambers

‘Lavender J has held that solicitors cannot rely upon CPR 46.9(2) to recover more from a client than could have been recovered between parties in the proceedings, unless they can show that the client provided informed consent. The decision potentially has far-reaching consequences for the use of conditional fee agreements (“CFAs”).’

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Parklane Plowden Chambers, 20th November 2020

Source: www.parklaneplowden.co.uk

A non-sexually motivated sexual assault?: GMC v Haris [2020] EWHC 2518 (Admin) – 2 Hare Court

‘Dr Haris faced allegations from two patients that he had conducted non-clinically indicated, intimate examinations without consent. He asserted forcefully that the alleged conduct simply never happened – and also called additional evidence to support his position that he was asexual.’

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2 Hare Court, 5th November 2020

Source: www.2harecourt.com

Consent and fertility – 2 Hare Court

Posted November 17th, 2020 in consent, deceit, news, pregnancy, rape by sally

‘This judgment, handed down in July 2020, examines the limitations of the meaning of consent within s.74 Sexual Offences Act 2003. It held that a man’s lie about his fertility should not be deemed to be so closely connected to the nature or purpose of sexual intercourse that it is capable of negating consent.’

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2 Hare Court, 2nd November 2020

Source: www.2harecourt.com

Rough sex excuse in women’s deaths is variation of ‘crime of passion’ – study – The Guardian

‘Men who kill women are increasingly using the “sex game gone wrong” excuse as a contemporary variation on the traditional crime of passion defence, research has found.’

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The Guardian, 10th November 2020

Source: www.theguardian.com

Belsner v Cam Legal Services: An important clarification – What information a solicitor should provide to a client concerning likely costs that may be recovered from the opponent – Hardwicke Chambers

Posted November 10th, 2020 in consent, costs, fees, news, personal injuries, small claims, solicitors by sally

‘The High Court has handed down judgment in Belsner v Cam Legal Services which provides important clarification in respect of what information a solicitor should provide to a client in relation to the likely costs that might be recovered from the opponent.’

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Hardwicke Chambers, 16th October 2020

Source: hardwicke.co.uk

Belsner v Cam Legal Services Ltd – Hailsham Chambers

‘In Belsner v Cam Legal Services Ltd [2020] EWHC 2755, Lavender J (“the Judge”) has held that a client (“C”) did not give informed consent to the recovery from her of a sum by her solicitors (“solicitor”) over and above the costs recovered from the defendant in litigation (“D”). As a result, the solicitors were limited to the fixed costs which they recovered from D.’

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Hailsham Chambers, 23rd October 2020

Source: www.hailshamchambers.com

Recognising the legal landscape of informed consent – The GMC’s new guidance on Consent 2020 – Parklane Plowden Chambers

‘The landscape of informed consent in the doctor-patient relationship was fundamentally re-developed in 2015 when the Supreme Court drove a bulldozer through the Bolam principle replacing it with a new patient focused view designed on “materiality“ in Montgomery v Lanarkshire Health Board [ 2015 ] UKSC 11. The General Medical Council acted as an intervener in Montgomery case.’

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Parklane Plowden Chambers, 14th October 2020

Source: www.parklaneplowden.co.uk

Court orders costs repayment after client did not consent to deduction – Law Society’s Gazette

‘Fee-recovery lawyers say millions of clients could stand to benefit from a court judgment which reduced legal fees deducted from compensation.’

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Law Society's Gazette, 19th October 2020

Source: www.lawgazette.co.uk

Supreme Court rejects application for permission to appeal ruling on allotments appropriation and ministerial consent – Local Government Lawyer

‘The Supreme Court has refused permission to appeal a Court of Appeal ruling that land used for allotments for more than 80 years had not been subject of an appropriation for that use and so a council could dispose of the land without the consent of the Secretary of State, it has emerged.’

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Local Government Lawyer, 19th October 2020

Source: www.localgovernmentlawyer.co.uk

Care watchdog to review use of DNACPR during pandemic – Local Government Lawyer

Posted October 15th, 2020 in care homes, consent, coronavirus, elderly, medical treatment, news by tracey

‘The Care Quality Commission is to review how Do Not Attempt Cardiopulmonary Resuscitation (DNACPR) decisions were used during the coronavirus pandemic.’

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Local Government Lawyer, 13th October 2020

Source: www.localgovernmentlawyer.co.uk

Predatory Southend rapist sentenced – Crown Prosecution Service

‘Olawale Hassan, a 34-year-old man, has been sentenced to ten years and two months today (06/10/2020) at Basildon Crown Court for the sexual assault and rape of a woman in Southend.’

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Crown Prosecution Service, 6th October 2020

Source: www.cps.gov.uk

Back bill to ban marriage for under-18 in England and Wales, MPs urged – The Guardian

Posted October 6th, 2020 in bills, children, civil partnerships, consent, forced marriages, marriage, news by tracey

‘The UK is undermining its international efforts to end child marriage because an exception to the law in England and Wales that allows 16 and 17-year-olds to marry with parental consent is putting children at risk, parliament will be told today.’

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The Guardian, 6th October 2020

Source: www.theguardian.com

The Court of Protection, s.48 and interim orders – Local Government Lawyer

Posted October 2nd, 2020 in care homes, consent, Court of Protection, local government, mental health, news by tracey

‘Lee Parkhill analyses an important Court of Protection ruling on s. 48 of the Mental Capacity Act and interim orders.’

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Local Government Lawyer, 2nd October 2020

Source: www.localgovernmentlawyer.co.uk

Lyum Roy Campbell (a protected party by his father & litigation friend Donald Campbell) v Advantage Insurance Company Ltd [2020] EWHC 2210 (QB) – Parklane Plowden Chambers

‘In this case the court considered the issues of capacity, consent and contributory negligence following a road traffic accident wherein the Claimant, Lyum Roy Campbell, suffered very severe injuries, having allowed himself to be driven by a friend who was intoxicated.’

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Parklane Plowden Chambers, 21st August 2020

Source: www.parklaneplowden.co.uk

Force feeding not in anorexia patient’s best interests – UK Human Rights Blog

Posted August 27th, 2020 in consent, Court of Protection, hospitals, medical treatment, mental health, news by sally

‘In this carefully nuanced judgment, the Court of Protection has ruled that although a patient with a chronic eating disorder would in all probability face death she did not gain weight, it would not be in her best interests to continue being subjected to forced feeding inpatient regimes.’

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UK Human Rights, 26th August 2020

Source: ukhumanrightsblog.com

Disclosure of information to GP: not “data” under GDPR – UK Human Rights Blog

Posted August 13th, 2020 in charities, confidentiality, consent, disclosure, medical records, news, vetting by sally

‘The High Court has struck out a claim that the disclosure of certain personal information made by a charity to the claimant’s GP was unlawful. Although only summary, this judgment goes to the heart of what we believe data protection to be about. As you will tell from my somewhat trenchant comments at the end of this post, I find it difficult to accept the main conclusion in this ruling.’

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UK Human Rights Blog, August 2020

Source: ukhumanrightsblog.com

Does a lie about fertility negate consent? – Park Square Barristers

Posted July 30th, 2020 in consent, deceit, news, pregnancy, rape by sally

‘This article examines the recent Court of Appeal decision in R v Lawrence EWCA Crim 971. The Court had to determine whether a lie by the appellant as to his fertility could, in law, negate the consent given by the complainant.’

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Park Square Barristers, 23rd July 2020

Source: www.parksquarebarristers.co.uk

English judges rule lying about fertility to sexual partner is not rape – The Guardian

Posted July 24th, 2020 in appeals, consent, deceit, news, rape, sexual offences, statutory interpretation by sally

‘A convicted rapist could make a bid for early release after winning an appeal in which judges ruled that lying to a sexual partner about being infertile is not rape.’

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The Guardian, 23rd July 2020

Source: www.theguardian.com

Police and CPS scrap digital data extraction forms for rape cases – The Guardian

Posted July 16th, 2020 in consent, Crown Prosecution Service, disclosure, news, police, privacy, rape by tracey

‘The CPS and police have been forced to scrap controversial “digital strip searches” of rape complainants, following a legal threat from two survivors of sexual abuse and sustained campaigning from privacy and human rights groups.’

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The Guardian, 16th July 2020

Source: www.theguardian.com