Judge hits out at “irresponsible” media reporting of case on capacity to consent to sex – Local Government Lawyer

Posted May 16th, 2019 in consent, Court of Protection, judges, local government, media, news by sally

‘A Court of Protection judge has strongly criticised media reporting of a case involving whether a woman had the capacity to consent to sex with her husband.’

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Local Government Lawyer, 16th May 2019

Source: www.localgovernmentlawyer.co.uk

Judge allows doctors to perform hysterectomy on mentally ill woman – BBC News

‘A judge has granted permission for doctors to perform a hysterectomy on a mentally ill woman.’

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BBC News, 10th May 2019

Source: www.bbc.co.uk

Song from under the floorboards – Nearly Legal

Posted May 7th, 2019 in appeals, consent, contracts, covenants, enforcement, housing, leases, news, nuisance by tracey

‘Fouladi v Darout Ltd & Ors (2018) EWHC 3501 (Ch). Although the judgment is dated December 2018, this has just appeared – a case on the perennially vexed topic of noise from a flat above. In fact it is an appeal and cross appeal on a county court judgment and order on a claim by a leaseholder against both the upstairs leaseholder and the freeholder. The reason that the claim was made, reached trial and then appeal might be connected to the value of the claimant’s flat being some £2,400,000.’

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Nearly Legal, 6th May 2019

Source: nearlylegal.co.uk

Rape cases ‘could fail’ if victims refuse to give police access to phones – The Guardian

‘Victims of rape and serious sexual assault who refuse to give police access to their mobile phone contents could allow suspects to avoid charges, two top officials have said.’

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The Guardian, 29th April 2019

Source: www.theguardian.com

Upskirting now a crime after woman’s campaign – BBC News

‘Upskirting is now a criminal offence in England and Wales after a campaign by a woman targeted at a music festival.’

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BBC News, 12th April 2019

Source: www.bbc.co.uk

English judge says man having sex with wife is ‘fundamental human right’ – The Guardian

‘A row has erupted after a judge spoke in court about the “fundamental human right” of a man to have sex with his wife.’

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The Guardian, 3rd April 2019

Source: www.theguardian.com

Judge to rule whether man’s wife has mental capacity to consent to sex – Daily Telegraph

‘A judge is set to rule whether a man can continue to sleep with his wife of more than 20 years amid concerns over her mental capacity.’

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Daily Telegraph, 1st April 2019

Source: www.telegraph.co.uk

The rise of ‘predatory marriages’ – Family Law

Posted March 29th, 2019 in bereavement, consent, elderly, families, intestacy, marriage, mental health, news, wills by tracey

‘Ethan Axelrod and Hayley Trim of Irwin Mitchell look at how vulnerable parents and a legal loophole are being exploited to rob families of their inheritance.’

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Family Law, 29th March 2019

Source: www.familylaw.co.uk

Pre-ticked ‘cookie’ consent boxes prohibited – OUT-LAW.com

Posted March 26th, 2019 in consent, EC law, internet, news by sally

‘Online service providers cannot rely on pre-ticked agreements to place ‘cookies’ on the devices of internet users, a legal adviser to the EU’s highest court has said.’

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OUT-LAW.com, 25th March 2019

Source: www.out-law.com

Judge rules man should lose leg ‘against his wishes’ – BBC News

Posted March 25th, 2019 in consent, Court of Protection, medical treatment, mental health, news by sally

‘A mentally-ill man who could die if his badly-infected left foot is not amputated should have the operation against his wishes, a judge has ruled.’

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BBC News, 24th March 2019

Source: www.bbc.co.uk

‘No consent’ for teeth removal op on woman who later died – BBC News

‘The mother of a disabled woman who died after all her teeth were removed says she did not consent to the operation. Rachel Johnston’s family has started a legal claim for negligence, saying medics failed to discuss risks of the treatment she had for tooth decay.’

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BBC News, 21st March 2019

Source: www.bbc.co.uk

Barrister reprimanded and fined for “unwanted sexual conduct” – Legal Futures

‘A senior male barrister found to have engaged in “unwanted sexual conduct” towards a woman has been reprimanded and fined £3,000 by a Bar disciplinary tribunal.’

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Legal Futures, 18th March 2019

Source: www.legalfutures.co.uk

Max Clifford: court of appeal hears attempt to challenge conviction – The Guardian

Posted March 13th, 2019 in appeals, consent, news, sexual offences by sally

‘Max Clifford denied “until his death” that he had sexually assaulted young women, a court has heard.’

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The Guardian, 12th March 2019

Source: www.theguardian.com

Surrogacy and HFEA update: February 2019 – Family Law

‘Andrew Powell, barrister, 4 Paper Buildings, considers recent developments relating to surrogacy law, including new guidance, as well as recent cases.’

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Family Law, 1st March 2019

Source: www.familylawweek.co.uk

Sick girl to be treated against parents’ wishes, judge rules – BBC News

Posted February 28th, 2019 in children, consent, medical treatment, news, parental rights by tracey

‘Doctors should treat a sick 13-month-old girl and give her a “chance” at life against the wishes of her parents, a High Court judge has ruled.’

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BBC News, 28th February 2019

Source: www.bbc.co.uk

Property Litigation column: Wednesbury unreasonable and landlords: No.1 West India Quay – Hardwicke Chambers

Posted February 19th, 2019 in appeals, consent, interpretation, landlord & tenant, leases, news, repairs, Supreme Court by sally

‘In property law, discretionary powers are common. Such discretionary powers most often confer, on one contracting party, a discretionary power to grant or withhold consent for such things as changes of use, building, or alterations including the grant of consent. They are frequently found in restrictive covenants and in leases and include, for example, “Jervis v Harris” clauses which allow a landlord, during the term of a lease, to enter the demised premises and carry out works to remedy disrepair. The question of how a Court should approach a challenge to the exercise, under a contract, of a discretionary power is an old chestnut.’

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Hardwicke Chambers, 15th February 2019

Source: hardwicke.co.uk

‘Dr Evil’: Wolverhampton modification artist admits GBH – BBC News

Posted February 13th, 2019 in consent, cosmetic surgery, grievous bodily harm, licensing, news, wounding by sally

‘A body modification artist has admitted three counts of grievous bodily harm, by carrying out tongue splitting and ear and nipple removal procedures.’

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BBC News, 12th February 2019

Source: www.bbc.co.uk

Ep. 64: Informed Consent – how much direction do patients actually want? – Law Pod UK

Posted February 8th, 2019 in consent, doctors, medical treatment, news, podcasts by sally

‘Rosalind English talks to John Whitting QC of 1 Crown Office Row about Montgomery, informed consent and his response to our earlier episode “Doctor Knows Best”.’

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Law Pod UK, 4th February 2019

Source: audioboom.com

No-fault divorce to become the law – The Guardian

Posted February 8th, 2019 in consent, divorce, news, time limits by sally

‘No-fault divorces that could replace the protracted courtroom battles couples often face when separating are to be introduced into law.’

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The Guardian, 8th February 2019

Source: www.theguardian.com

Crossing borders with children as a separated parent – Family Law

Posted February 5th, 2019 in child abduction, children, consent, families, identification, names, news by tracey

‘With the Christmas holidays just behind us, one of the most common issues that usually arise during that time of the year – between separated parents – is seeking permission to take their child on holiday or to visit family abroad. Gemma Davison an associate at Spratt Endicott, looks at the details.’

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Family Law, 5th February 2019

Source: www.familylaw.co.uk