Tafida Raqeeb: Parents of five-year-old girl in coma launch legal challenge to decision to allow her to die – The Independent

Posted July 17th, 2019 in children, consent, hospitals, medical treatment, news by sally

‘The parents of a seriously ill five-year-old girl have launched a legal challenge after doctors decided she should be allowed to die.’

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The Independent, 16th July 2019

Source: www.independent.co.uk

Re AB: Termination of pregnancy – Law & Religion UK

Posted July 15th, 2019 in abortion, consent, Court of Protection, learning difficulties, news by sally

‘Re AB [2019] EWCOP 26, [2019] EWCA Civ 1215[1]. The recent case of Re AB has been widely reported. In it, Lieven J held in the Court of Protection that an NHS Trust was permitted to perform an abortion on a 24-year-old woman. The Court of Appeal overturned that decision. The case created headlines around the world, shining a spotlight on the work of the Court of Protection and the difficult decisions that it has to make on a daily basis.’

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Law & Religion UK, 15th July 2019

Source: www.lawandreligionuk.com

CPS cancels meeting on rape victims’ phone data due to legal action – The Guardian

‘Police chiefs and prosecutors have been accused of treating a coalition of women’s groups with contempt after cancelling a meeting to discuss concerns over requests to hand over mobile phone records in rape investigations.’

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The Guardian, 6th July 2019

Source: www.theguardian.com

High Court rules baby can be given blood without mother’s consent – BBC News

Posted July 5th, 2019 in blood products, children, consent, medical treatment, news, parental rights by sally

‘A High Court judge has ruled that a “gravely ill” baby should have a blood transfusion, even though his mother does not consent on religious grounds.’

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BBC News, 4th July 2019

Source: www.bbc.co.uk

Revenge porn and ‘cyber-flashing’ laws go under review – The Guardian

‘Victims of revenge porn may be given automatic anonymity in court under a government-initiated review of online harassment that could recommend criminalising “cyber-flashing” and “deepfake” images.’

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The Guardian, 26th June 2019

Source: www.theguardian.com

Appeal court overturns forced abortion ruling – The Guardian

Posted June 25th, 2019 in abortion, appeals, consent, learning difficulties, news by sally

‘A court ruling that a woman with learning disabilities must have an abortion against her wishes has been overturned on appeal.’

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The Guardian, 24th June 2019

Source: www.theguardian.com

Data collection leads to discrimination and self-censorship, MPs told – The Guardian

‘Widespread data collection practices lead to self-censorship and discrimination even though most users are not fully aware of how much their privacy is being infringed, a parliamentary committee has been warned.’

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The Guardian, 19th June 2019

Source: www.theguardian.com

Legal challenge launched against decision not to prosecute man who filmed woman naked – The Independent

‘Campaigners have launched a judicial review to challenge the decision not to prosecute a man who secretly filmed a sleeping naked woman.’

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The Independent, 18th June 2019

Source: www.independent.co.uk

Universities urged to hire staff to investigate sexual harassment – The Guardian

‘Universities should hire specialist staff to investigate hate crimes and sexual harassment against their students, according to a report commissioned by the higher education regulator for England.’

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The Guardian, 12th June 2019

Source: www.theguardian.com

Blood products and Jehovah’s Witnesses: DE – Law and Religion UK

‘In Manchester University NHS Foundation Trust v DE [2019] EWCOP 19, DE was a 49-year-old woman who suffered from autism and mild learning difficulties: she and her mother were Jehovah’s Witnesses [3]. In April 2019, DE broke her leg, and the medical evidence was that she needed surgery and that there was a risk that she would require blood transfusion or blood products during the operation [4]. If she did not have the operation, her mobility would be impaired [5] and the need for an operation was urgent.’

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Law and Religion UK, 29th May 2019

Source: www.lawandreligionuk.com

Withdrawal of life support: minimally conscious patients – UK Human Rights Blog

Posted May 31st, 2019 in consent, Court of Protection, medical treatment, news by sally

‘A Clinical Commissioning Group v P (by her litigation friend the Official Solicitor) and TD [2019] EWCOP 18. The lesson to be learned from this case is to be careful of the hands into which you may fall, should you become incapacitated and end up in a vegetative or minimally conscious state.’

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UK Human Rights Blog, 30th May 2019

Source: ukhumanrightsblog.com

NB on Re NB – Transparency Project

‘At the beginning of April 2019, a Press Association report of an interim hearing at the Court of Protection provoked a number of newspaper headlines and outraged reactions, because it quoted a High Court judge, Mr Justice Hayden, as having spoken of a “fundamental human right” of a man to have sex with his wife. This was in the course of a preliminary hearing in the Court of Protection, a court which makes decisions about and on behalf of adults who lack mental capacity to make decisions themselves. The Court of Protection can decide whether or not an adult lacks mental capacity to make decisions about sexual relations, and if he or she does not, make orders which protect the adult as far as possible from having sexual relations, by imposing restrictions on their freedom of contact with other people. The Court cannot make a decision about whether or not to have sexual relations on behalf of an incapacitated adult, as that is an intimate personal decision which no-one can take on behalf of anyone else. The law’s approach to capacity to marry is exactly the same.’

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Transparency Project, 20th May 2019

Source: www.transparencyproject.org.uk

Police facial recognition surveillance court case starts – BBC News

‘The first major legal challenge to police use of automated facial recognition surveillance begins in Cardiff later.’

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BBC News, 21st May 2019

Source: www.bbc.co.uk

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 sally

‘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