The sexual assault of sleeping women: the hidden, horrifying rape crisis in Britain’s bedrooms – The Guardian

Posted June 17th, 2021 in consent, domestic violence, news, prosecutions, rape, sexual offences by sally

‘A recent survey suggested a shockingly high proportion of women have been sexually assaulted by a partner as they slept. Now more and more are speaking out.’

Full Story

The Guardian, 15th June 2021

Source: www.theguardian.com

Bell v Tavistock and the Implications for Trans Children, Part 2: the Law after AB v CD and others – Family Law Week

‘As set out in my previous article, the decision of the High Court in Bell & Anor v The Tavistock And Portman NHS Foundation Trust [2020] EWHC 3274 (“Bell v Tavistock”) arguably raised more questions than it answered for transitioning children and their families. The principal legal issue for the court to adjudicate in Bell v Tavistock was whether a child or young person under the age of 16 could achieve Gillick competence in respect of the decision to take puberty blockers [133]. The court specifically declined to address whether parents could consent to the use of puberty blockers on their child’s behalf, as this was not the Gender Identity Development Service’s (“GIDS”) policy; GIDS relied on consent of the child or young adult being treated.’

Full Story

Family Law Week, 24th May 2021

Source: www.familylawweek.co.uk

Senior judge declines to order Covid vaccination of 86-year-old woman – Local Government Lawyer

Posted May 20th, 2021 in consent, coronavirus, disabled persons, elderly, news, vaccination by tracey

‘The Court of Protection has ruled that an 86-year-old woman with dementia should not be either forcibly given a Covid vaccine or deceived into accepting a jab.’

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Local Government Lawyer, 20th May 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court gives permission to appeal in capacity to consent to sexual relations case – Local Government Lawyer

Posted May 6th, 2021 in appeals, autism, consent, Court of Protection, news, Supreme Court by sally

‘The Supreme Court has agreed to hear a case on whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

Full Story

Local Government Lawyer, 5th May 2021

Source: www.localgovernmentlawyer.co.uk

Case Preview: Lloyd v Google LLC – UKSC Blog

‘In this post, Kenny Henderson and Alex Askew of CMS preview the appeal being heard over the next two days in the matter of Lloyd v Google LLC, which concerns a claim alleging that the appellant (“Google”) breached its duties as a data controller to over 4m Apple iPhone users during a period of some months in 2011- 2012, when Google was able to collect and use their browser generated information.’

Full Story

UKSC Blog, 28th April 2021

Source: ukscblog.com

High Court Rules Parents Can Consent to Puberty Blockers On Their Child’s Behalf – Each Other

‘On Trans Day of Visibility 2021, trans children in England and Wales may feel a little more visible, after a recent High Court decision confirmed that parents can consent to their children being prescribed puberty blockers and a court application will not normally have to be made.’

Full Story

Each Other, 31st March 2021

Source: eachother.org.uk

Accepting cap on damages deduction “equals informed consent” – Litigation Futures

Posted March 29th, 2021 in consent, costs, damages, fees, news, solicitors by tracey

‘A solicitor telling a client that they will deduct up to 25% of damages to cover costs not recovered in a low-value personal injury case amounts to informed consent, a regional costs judge has ruled.’

Full Story

Litigation Futures, 29th March 2021

Source: www.litigationfutures.com

Parents can consent to children being given puberty blockers, High Court rules – The Independent

‘Parents can consent to their child being given puberty blockers without applying for a court’s approval, the High Court has ruled following a case that contested whether under-16s were able to give permission themselves.’

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The Independent, 27th March 2021

Source: www.independent.co.uk

‘Informed consent’ fees dispute set for Court of Appeal showdown – Law Society’s Gazette

‘Afees dispute in a personal injury claim with the potential to affect thousands of similar cases is set to be contested in the Court of Appeal.’

Full Story

Law Society's Gazette, 24th March 2021

Source: www.lawgazette.co.uk

Covid-19: Concern over ‘do not resuscitate’ decisions during pandemic – BBC News

Posted March 18th, 2021 in consent, coronavirus, families, hospitals, medical treatment, news, reports by sally

‘Individuals’ human rights may have been breached in more than 500 cases where “do not resuscitate” decisions were made during the Covid pandemic, the care watchdog for England has said.’

Full Story

BBC News, 18th March 2021

Source: www.bbc.co.uk

Improper Non-Disclosure of a Complainant’s Medical Records – Pump Court Chambers

‘A Complainant (“C”) refuses to consent to his GP providing the Crown with medical records. The Defendant (“D”) has requested disclosure of these records, on the understanding that C has a history of prolonged substance abuse and mental health concerns. C has also indicated that he believes information within the records is detrimental to the Crown’s case; hence, his refusal.’

Full Story

Pump Court Chambers, 25th February 2021

Source: www.pumpcourtchambers.com

‘Revenge porn’ is a misnomer – UK Human Rights Blog

‘Why we should replace ‘revenge porn’ with ‘image based sexual abuse’ and reform the mens rea of the Criminal Justice and Courts Act 2015.’

Full Story

UK Human Rights Blog, 10th March 2021

Source: ukhumanrightsblog.com

High Court rejects application by mother to prevent local authority from imposing vaccinations on child in foster care – Local Government Lawyer

‘A High Court judge has rejected a mother’s application, supported by the father, to prevent a local authority from imposing a programme of vaccinations on a child in foster care without their consent.’

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Local Government Lawyer, 26th February 2021

Source: www.localgovernmentlawyer.co.uk

Reforms to laws around intimate image abuse proposed to better protect victims – Law Commission

‘Proposals to improve protections for victims whose intimate images are taken or shared without their consent have today [26 February 2021] been published by the Law Commission of England and Wales.’

Full press release

Law Commission, 26th February 2021

Source: www.lawcom.gov.uk/

Capacity and sexual relations: Fallout from Re JB – Doughty Street Chambers

‘In a judgment handed down on 23 February, Cobb J concluded that a young woman known as HD lacked capacity to engage in sexual relations. He was driven to this conclusion based on the new requirement set out in Re JB that a person with capacity to engage in sexual relations must be able to understand (and retain, use or weigh and communicate) the fact that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

Full Story

Doughty Street Chambers, 24th February 2021

Source: insights.doughtystreet.co.uk

Family courts rule to inoculate children when parents disagree on the vaccination of their children – Garden Court Chambers

Posted February 25th, 2021 in children, consent, coronavirus, human rights, news, parental responsibility, vaccination by sally

‘Following the decision in Re H (A Child: Parental Responsibility: Vaccination), it was clarified that where two parents with parental responsibility disagree as to the proper course of action with respect to vaccination, the court becomes the decision maker through the mechanism of a specific issue order made under s8 of the Children Act 1989.’

Full Story

Garden Court Chambers, 24th February 2021

Source: www.gardencourtchambers.co.uk

Capacity to consent to marriage, nullity and declarations under the inherent jurisdiction considered (NB v MI) – 1GC: Family Law

Posted February 25th, 2021 in consent, family courts, islamic law, jurisdiction, marriage, news by sally

‘The High Court was presented with an application for a declaration of nonrecognition of a Muslim marriage and a petition for nullity. The parties were married in Pakistan under Sharia law in June 2013. The applicant sought to argue, relying on two expert reports, that she did not have capacity to consent to marriage at the time. The court had to consider the issue of her capacity and then consider whether to make a declaration of non-recognition, or alternatively annul the marriage. The High Court refused the applications as it considered, on the facts of this case, the applicant had capacity to consent at the relevant time. The marriage was therefore valid under English law at its formation. Even if he had formed the opposite view, Mr Justice Mostyn made clear the court would still not have made a declaration under the court’s inherent jurisdiction as he was prevented by statute. Tahmina Rahman, barrister at 1GC Family, considers the case.’

Full Story

1GC: Family Law, 16th February 2021

Source: 1gc.com

Capacity and best interests in relation to Covid-19 Vaccination – Garden Court Chambers

‘Mrs E was aged 80 and lived in a care home. She had diagnoses of dementia and schizophrenia.’

Full Story

Garden Court Chambers, 22nd February 2021

Source: www.gardencourtchambers.co.uk

Woman with Covid should be allowed to die weeks after giving birth, judge rules – The Guardian

Posted February 25th, 2021 in birth, consent, coronavirus, families, medical treatment, news by sally

‘A woman in her early 30s, who has Covid and remains in an induced coma after giving birth to a son, should be allowed to die, against the wishes of her family, a judge has ruled.’

Full Story

The Guardian, 24th February 2021

Source: www.theguardian.com

Law firm ordered to pay £1m for registration error – Legal Futures

‘The High Court has ordered a defunct Manchester law firm which failed to register a restriction against a house at the Land Registry to pay over £985,000 in damages for professional negligence.’

Full Story

Legal Futures, 15th February 2021

Source: www.legalfutures.co.uk