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

A Local Authority v JB [2020] EWCA Civ 735 – Pump Court Chambers

‘In this recent decision the Court of Appeal has arguably reset the last 15 years of jurisprudence surrounding P’s capacity in regards of sexual relations. The previous case law focused on P’s ability to consent to such relations, and whether P understood the information relevant to that decision. Traditionally the ‘information relevant’ analysis took a protectionist stance, considering whether P understood the risks or pregnancy or sexual disease etc. This decision however makes it clear that information relevant to the decision, also includes the ability to understand the importance of a partner consenting to such relations.’

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Pump Court Chambers, 23rd June 2020

Source: www.pumpcourtchambers.com

Courts have no jurisdiction over “unwise” decisions where subject has capacity – Local Government Lawyer

‘The Mental Capacity Act 2005 does not permit the courts to intervene to prevent someone from making decisions that are unwise or damaging to them if they have the necessary capacity, the High Court has ruled.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Determining and Recording Best Interests – 39 Essex Chambers

‘The purpose of this document is to provide those who have to consider best interests with an overview of the relevant law and principles. Its focus is on: (a) how to apply the MCA 2005 principles when assessing best interests; and (b) how to record your assessment, primarily in the context of health and welfare decisions. It is a companion to our guide to carrying out capacity assessments.’

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33 Essex Chambers, July 2020

Source: 1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com

Altruistic cell donation: Court of Protection – UK Human Rights Blog

‘How to determine “best interests” in the case of an adult lacking capacity, where a proposed medical donation for the benefit of a close relative may cause lasting harm to the donor?’

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UK Human Rights Blog, 2nd July 202

Source: ukhumanrightsblog.com

Capacity to consent to chemotherapy? – UK Human Rights Law Blog

Posted July 2nd, 2020 in cancer, consent, Court of Protection, medical treatment, news by tracey

‘University Hospital and Warwickshire NHS Trust v K and another [2020] EWCOP 31, This case is a timely illustration of the unenviable task faced by judges, doctors and mental health professionals during Lockdown.

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UK Human Rights Law Blog, 1st July 2020

Source: ukhumanrightsblog.com

Campaigners welcome decision to end ‘rough sex’ defence: ‘The criminal justice system has failed so many women’ – The Independent

Posted July 2nd, 2020 in consent, defences, homicide, news, prosecutions by tracey

‘Campaigners have welcomed the government’s decision to address the rising number of killers claiming women died during rough sex by ending the so-called “rough sex” defence.’

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The Independent, 1st July 2020

Source: www.independent.co.uk

Police in England and Wales taking ‘excessive personal data’ from mobile phones – The Guardian

‘Police are extracting “excessive amounts of personal data” from the mobile phones of victims and witnesses during investigations and are in danger of discouraging the public from reporting crime, the Information Commissioner’s Office (ICO) has warned.’

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The Guardian, 18th June 2020

Source: www.theguardian.com

Removal of life support was in patient’s best interests and respected his autonomy – UK Human Rights Blog

‘This sensitive and compassionate judgment by Hayden J following a remote hearing of the Court of Protection is therefore worth our attention, as we all become more aware of how acutely things slip out of our control, not least of all our health.’

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UK Human Rights Blog, 12th June 2020

Source: ukhumanrightsblog.com

Court overturns ‘right to sex’ ruling on man who cannot understand consent – The Guardian

‘The court of appeal has overturned a controversial ruling that a man has a “fundamental right to sex” even though he cannot understand the issue of consent.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

Capacity, DOLS and Covid-19- Updated Guidance – Doughty Street Chambers

‘The Government has provided additional guidance on looking after those who may lack capacity in the pandemic.’

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Doughty Street Chambers, 11th June 2020

Source: insights.doughtystreet.co.uk

Life-support patient who refused stoma allowed to die – BBC News

‘An ill man who did not want to live with a stoma has died after a judged ruled life-support treatment could end.’

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BBC News, 10th June 2020

Source: www.bbc.co.uk

Barnsley hospital patient should be allowed to die, says judge – BBC News

‘An ill man with a history of bowel problems who does not want to live with a stoma should be allowed to die, a judge has ruled.’

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BBC News, 4th June 2020

Source: www.bbc.co.uk

‘Rough sex’ defence led to over 60 victims having to deny giving consent, finds research – The Guardian

Posted June 4th, 2020 in assault, consent, defences, news, prosecutions, sexual offences, victims by sally

‘More than 60 victims have been forced to go to court over the past decade to deny that they consented to strangulation, assaults or violence, according to the campaign to end reliance on the “rough sex” defence.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

Barnsley hospital stoma patient’s right to die – BBC News

Posted June 2nd, 2020 in consent, Court of Protection, hospitals, medical treatment, news by sally

‘A judge is considering whether a man with a history of bowel problems should be allowed to die because he does not want to live with a stoma.’

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BBC News, 2nd June 2020

Source: www.bbc.co.uk