Court to hear case of banker kept alive against family’s wishes – The Guardian

Posted February 26th, 2018 in consent, families, hospitals, medical treatment, news, Supreme Court by tracey

‘The case of an investment banker who suffered severe brain damage following a heart attack will be heard by the supreme court on Monday in a test of whether judges need to authorise the withdrawal of life support treatment.’

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The Guardian, 25th February 2018

Source: www.theguardian.com

Parents lose legal fight to keep Liverpool toddler on life support – The Guardian

Posted February 21st, 2018 in children, consent, medical treatment, news by tracey

‘The parents of a seriously ill 20-month-old boy have lost a legal fight to keep their son alive after a judge ruled that further treatment would harm his “future dignity”.’

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The Guardian, 20th February 2018

Source: www.theguardian.com

Isaiah Haastrup father to appeal over decision to end life support – The Guardian

Posted February 7th, 2018 in appeals, birth, children, consent, medical treatment, news by tracey

‘The father of a boy with brain damage is preparing an appeal against a high court ruling allowing doctors to stop providing life support for his 11-month-old son.’

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The Guardian, 6th February 2018

Source: www.theguardian.com

Stay silent during rape and attackers may assume consent, warns DPP – The Guardian

Posted January 23rd, 2018 in consent, Crown Prosecution Service, evidence, news, noise, prosecutions, rape by sally

‘Rape victims have been warned by the director of public prosecutions that if they stayed silent during the assault their attackers may have assumed consent was given and therefore could escape being charged.’

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The Guardian, 22nd January 2018

Source: www.theguardian.com

Law Society urges end to enforced medical treatment of vulnerable people – The Guardian

‘Vulnerable people sectioned under the Mental Health Act are being subjected to medical treatment without consent and are not protected by effective legal safeguards, the Law Society has warned.’

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The Guardian, 22nd January 2018

Source: www.theguardian.com

Attorney General to review ‘lenient’ sentence after two men spared jail for having sex with 14-year-old girls – The Independent

Posted January 5th, 2018 in attorney general, children, consent, news, sentencing, sexual offences by tracey

‘The Attorney General is to review an “unduly lenient” sentence after two men avoided jail despite having sex with two underage girls.’

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The Independent, 4th January 2018

Source: www.independent.co.uk

Law of Medicine and the Individual: current issues – Lecture by Lady Justice Arden

Law of Medicine and the Individual: current issues (PDF)

Lecture by Lady Justice Arden

Justice KT Desai Memorial Lecture, October 2017

Source: www.judiciary.gov.uk

Judicial Authorisation of Deprivation of Liberty – 39 Essex Chambers

‘A procedure has been established by the courts to enable the authorisation of the deprivation of liberty of an individual over the age of 16 who lacks capacity to consent to their confinement. This procedure, usually called the Re X procedure after the decision of Re X and others (Deprivation of Liberty) [2014] EWCOP 25 (and No 2 [2014] EWCOP 37), can be used in any setting where the DOLS authorisation procedure in Schedule A1 to the MCA 2005 cannot be used, and also where the person is between the age of 16 and 18.’

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39 Essex Chambers, December 2017

Source: www.39essex.com

Mental Capacity Guidance Note: A Brief Guide to Carrying out Capacity Assessments – 39 Essex Chambers

Posted November 24th, 2017 in consent, Court of Protection, mental health, news by sally

‘The purpose of this document is to provide for social workers and those working in front-line clinical settings a brief overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’

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39 Essex Chambers, 17th November 2017

Source: www.39essex.com

Defendant granted relief even though its solicitor lied about breach – Litigation Futures

‘A circuit judge has narrowly decided to grant relief from sanctions in a case where the defendant solicitor lied that documents had been sent in time when they had not.’

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Litigation Futures, 13th November 2017

Source: www.litigationfutures.com

‘No-consent’ circumcision doctor will not be prosecuted – BBC News

Posted November 10th, 2017 in children, consent, doctors, grievous bodily harm, medical treatment, news, prosecutions by tracey

‘A mother has been left “sickened” by a decision not to prosecute the doctor who circumcised her son without her consent.’

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BBC News, 10th November 2017

Source: www.bbc.co.uk

Child sex abuse victim receives apology after being refused compensation because he ‘consented’ – Daily Telegraph

Posted November 8th, 2017 in consent, criminal injuries compensation, news, sexual offences, victims by tracey

‘A victim of child sex abuse denied compensation by a Government agency because it said he “consented” has now received an apology.’

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Daily Telegraph, 8th November 2017

Source: www.telegraph.co.uk

Child sexual abuse victims to be granted compensation following criticism – The Guardian

Posted October 31st, 2017 in child abuse, compensation, consent, news, sexual grooming, sexual offences by sally

‘Fresh guidelines have been issued to ensure that child victims of sexual abuse are not denied compensation on the mistaken grounds that they consented to a relationship.’

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The Guardian, 31st October 2017

Source: www.theguardian.com

Law Pod UK Ep. 12: Damages claim over IVF baby – 1 COR

Posted October 20th, 2017 in assisted reproduction, consent, damages, forgery, news by sally

‘Rosalind English talks to David Prest about a case involving a forged signature, disputed consent, and the claim made by a father for damages in relation to a baby born through IVF using frozen embryos.’

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Law Pod UK, 19th October 2017

Source: audioboom.com

Hundreds of families block organ donation – BBC News

Posted October 20th, 2017 in consent, families, human tissue, news by sally

‘Organs from 505 registered donors could not be made available for transplant in the last five years because of objections from relatives.’

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BBC News, 19th October 2016

Source: www.bbc.co.uk

Bank fined £75,000 over unsolicited marketing – OUT-LAW.com

Posted October 12th, 2017 in advertising, banking, consent, fines, news by sally

‘A UK bank has been fined £75,000 by the information commissioner after failing to ensure that recipients of millions of its marketing messages had consented to receiving those communications.’

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OUT-LAW.com, 12th October 2017

Source: www.out-law.com

UK proposals for child data consent could be illegal, says peer – OUT-LAW.com

Posted October 12th, 2017 in bills, children, consent, data protection, internet, news by sally

‘Plans to make 13 the age at which children in the UK can consent to the processing of their data on social media websites and other online platforms “would almost certainly be illegal”, a UK peer has said.’

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OUT-LAW.com, 12th October 2017

Source: www.out-law.com

Let’s be clear: “Right to die” and “Withdrawal of treatment” are not the same – Transparency Project

Posted September 28th, 2017 in assisted suicide, consent, euthanasia, human rights, medical treatment, news by sally

‘The recent judgment of Mr Justice Peter Jackson that doctors and relatives do not always need to consult the court before withdrawing medical treatment from a terminally ill patient has been reported under headlines labelling it a “right to die” case. This is wrong and risks conflating two quite different situations in the lay reader’s mind.’

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Transparency Project, 24th September 2017

Source: www.transparencyproject.org.uk

Trainee accountant cleared of sex assault after teenager posted online: ‘I was only raped – chill the f*** out’ – Daily Telegraph

Posted September 28th, 2017 in consent, news, rape, sexual offences by sally

‘A trainee accountant accused of raping a student during a night out has been cleared after it emerged she sent Facebook messages to friends saying: “I was only raped – chill the f*** out.”‘

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Daily Telegraph, 27th September 2017

Source: www.telegraph.co.uk

Lack of compensation for child sexual abuse victims ‘unacceptable’ – The Guardian

Posted September 20th, 2017 in child abuse, compensation, consent, news, sexual offences by sally

‘The children’s commissioner for England has condemned draft government rules that mean children as young as 12 could miss out on compensation because they “consented” to their own sexual abuse.’

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The Guardian, 19th September 2017

Source: www.theguardian.com