Father loses damages claim over forged IVF signature – The Guardian

‘A father whose ex-partner forged his signature to conceive a daughter has lost a damages action against a London IVF clinic at the court of appeal.’

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The Guardian, 17th December 2018

Source: www.theguardian.com

Judge rules to allow severely ill 11-month old to ‘die peacefully’ – The Guardian

Posted December 13th, 2018 in children, consent, medical treatment, news, parental responsibility by tracey

‘A seriously ill 11-month-old girl who has spent her life in hospital should be allowed to die peacefully, a high court judge has ruled.’

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The Guardian, 13th December 2018

Source: www.theguardian.com

Judge rules doctors can amputate man’s foot against his wishes – The Independent

Posted December 13th, 2018 in consent, medical treatment, news by tracey

‘A judge has ruled a man with severe gangrene in his foot will have it amputated against his wishes.’

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The Independent, 13th December 2018

Source: www.independent.co.uk

Deprivation of Liberty and Consent- the Supreme Court decides – Doughty Street Chambers

Posted December 12th, 2018 in consent, deprivation of liberty safeguards, detention, mental health, news by sally

‘The Supreme Court has handed down judgment in the case of MM. This was an appeal against the Court of Appeal’s decision in the Secretary of State for Justice v MM [2017] EWCA Civ 194 (29 March 2017).Both PJ and MM appealed to the Supreme Court but for administrative reasons MM’s appeal was heard first. MM’s appeal has been dismissed.MM was detained under sections 37/41 Mental Health Act (“MHA”) and sought a conditional discharge from hospital to conditions which would objectively give rise to a deprivation of his liberty, to which he had capacity to consent. Although no placement had been identified the First Tier Tribunal (Mental Health) (“the FtT”) was asked whether as a matter of principle it would be lawful to discharge him conditionally on such conditions. The FtT ruled that it could not. At the Upper Tribunal Charles J held that he could give a valid consent to this and as such Article 5 would not be engaged. (A similar issue was in play in Secretary of State v KC [2015] UKUT 0376 (AAC, where Charles J held that the FtT could impose conditions on a discharge that objectively deprived a patient of his or her liberty and that the Court of Protection and/or a decision maker could consent to).’

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Doughty Street Chambers, 28th November 2018

Source: insights.doughtystreet.co.uk

High Court to scrutinise restrictions on areas where P has capacity – Doughty Street Chambers

Posted December 11th, 2018 in autism, consent, Court of Protection, families, learning difficulties, news by sally

‘Mr Justice Hayden has handed down a judgment concerning LC, a young woman with autism and significant learning disabilities. During the course of proceedings which had lasted five years LC was assessed as having capacity to consent to sexual relations, marry, and make decisions about contraception; but to lack the capacity to make other decisions such as to conduct the proceedings, make decisions about her residence and about her contact with men. As a facet of LC’s autism she was preoccupied with seeking out sexual encounters and a care plan was formulated which permitted LC to have unsupervised contact with others. As the judge observed with “the enormous benefit of hindsight” this led to LC’s safety and dignity being compromised and placed an intolerable burden on those supervising her. The plan attracted significant public criticism. LC now resides in a care home but is able to spend time with her husband. In a sensitive judgment Hayden J endorsed LC’s treatment plan and directed a report from a female clinical psychologist, noting the obligation under the Mental Capacity Act to take steps to promote decision making capacity.’

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Doughty Street Chambers, 6th November 2018

Source: insights.doughtystreet.co.uk

E-receipts from leading retailers ‘may break data protection rules’ – The Guardian

Posted December 11th, 2018 in advertising, consent, data protection, electronic mail, news, privacy by sally

‘Several large retailers may be breaking data protection rules with their e-receipts, according to an investigation by the consumer body Which?.’

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The Guardian, 11th December 2018

Source: www.theguardian.com

Ep. 49: The Importance of Informed Consent in Clinical Negligence – Law Pod UK

Posted November 13th, 2018 in birth, consent, health, human rights, negligence, news, pregnancy, women by sally

‘Emma-Louise Fenelon talks with Suzanne White, the head of clinical negligence at Leigh Day Solicitors, about recent developments with regards to women’s rights in healthcare and informed consent in the context of childbirth.’

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Law Pod UK, 12th November 2018

Source: audioboom.com

Sisters Uncut protest over CPS handling of sex abuse victims’ sensitive data – The Guardian

‘Protesters have targeted the headquarters of the Crown Prosecution Service, demanding that the authorities stop making sexual abuse victims hand over reams of highly sensitive personal information before prosecuting their attackers.’

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The Guardian, 2nd November 2018

Source: www.theguardian.com

Transport for London appeals High Court ruling on cycle superhighway – Local Government Lawyer

‘Transport for London has applied for permission to appeal a High Court ruling that its decision to go ahead with the installation of a cycle super highway (CS11) at Swiss Cottage had been taken while omitting a relevant consideration.’

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Local Government Lawyer, 19th October 2018

Source: www.localgovernmentlawyer.co.uk

Data gathering ‘may deny rape victims access to justice – The Guardian

Posted October 17th, 2018 in consent, criminal justice, data protection, disclosure, evidence, news, police, privacy, rape, victims by sally

The intrusive gathering of data about possible rape victims is unlawful and risks preventing them coming forward, according to London’s victims’ commissioner.

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The Guardian, 17th October 2018

Source: www.theguardian.com

Man used ‘extreme manipulation’ to trick other men into sex – BBC News

Posted October 8th, 2018 in consent, identity fraud, internet, news, sexual offences by sally

‘A man who tricked four men into having sex with him by pretending to be a woman online has been convicted.’

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BBC News, 5th October 2018

Source: www.bbc.co.uk

Children: Public Law Update (August 2018) – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’

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Family Law Week, 15th August 2018

Source: www.familylawweek.co.uk

Posthumous conception: a legacy in life, incapacity and death – Family Law Week

Posted August 31st, 2018 in assisted reproduction, consent, human tissue, married persons, news by tracey

‘Louisa Ghevaert and Michael Mylonas QC consider the ground breaking decision in Y v A Healthcare NHS Trust and others [2018] EWCOP 18.’

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Family Law Week, 21st August 2018

Source: www.familylawweek.co.uk

The Divorce Trap: Life After Owens v Owens – Family Law Week

Posted August 8th, 2018 in consent, divorce, news, statutory interpretation, Supreme Court by tracey

‘Georgina Rushworth, Family Law Barrister at Coram Chambers, where she specialises in divorce and its financial consequences, considers the implications of the recent Supreme Court decision.’

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Family Law Week, 3rd August 2018

Source: www.familylawweek.co.uk

Tini Owens loses Supreme Court divorce fight – BBC News

Posted July 25th, 2018 in appeals, consent, divorce, news, Supreme Court by tracey

‘A woman who wants to divorce her husband on the grounds she is unhappy has lost her Supreme Court appeal. Tini Owens, 68, from Worcestershire, wanted the court to grant her a divorce from her husband of 40 years Hugh, who is refusing the split.’

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BBC News, 25th July 2018

Source: www.bbc.co.uk

Travelling abroad with children after separation – is permission needed? – Family Law

Posted July 25th, 2018 in child abduction, children, consent, divorce, holidays, news by tracey

‘Getting away on holiday with children is hard enough; following separation, there may be an additional complication and it will need early attention.’

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Family Law, 24th July 2018

Source: www.familylaw.co.uk

Most GDPR emails unnecessary and some illegal, say experts – The Guardian

Posted May 22nd, 2018 in consent, data protection, EC law, electronic mail, news, regulations by sally

‘The vast majority of emails flooding inboxes across Europe from companies asking for consent to keep recipients on their mailing list are unnecessary and some may be illegal, privacy experts have said, as new rules over data privacy come into force at the end of this week.’

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The Guardian, 21st May 2018

Source: www.theguardian.com

Woman who asked court to allow disabled daughter to die changes mind – BBC News

Posted May 21st, 2018 in care orders, children, consent, disabled persons, medical treatment, news by sally

‘A woman who thought that her severely disabled 11-year-old daughter should be allowed to die has told a family court judge that she has changed her mind.’

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BBC News, 20th May 2018

Source: www.bbc.co.uk

Daedalus, Ariadne and the Minotaur: Where are we now? – Family Law Week

‘Alex Laing of Coram Chambers re-visits the use of the inherent jurisdiction to deprive children of their liberty in the light of recent judgments.’

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Family Law Week, 15th May 2018

Source: www.familylawweek.co.uk

Why consent apps don’t work according to criminal lawyers – The Independent

Posted May 14th, 2018 in consent, internet, news, sexual offences by sally

‘In light of the allegations surrounding Harvey Weinstein, the subsequent #MeToo movement and the recent conviction of Bill Cosby, the murky topic of consent – and how it is established – has never been more at the vanguard of social discourse.’

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The Independent, 14th May 2018

Source: www.independent.co.uk