Speech by Mr Justice Baker: A matter of life or death – Courts and Tribunals Judiciary
‘Oxford Shrieval Lecture on 11 October 2016.’
Courts and Tribunals Judiciary, 14th October 2016
Source: www.judciary.gov.uk
Category: consent
Woman who posed as man to trick friend into sex appeals against sentence – The Guardian
Posted September 21st, 2016 in appeals, consent, news, sentencing, sexual offences, transgender persons by tracey
‘Court of appeal will consider Gayle Newland’s legal challenge against eight-year prison term next month.’
The Guardian, 21st September 2016
Source: www.guardian.co.uk
UK woman allowed to use dead daughter’s eggs in US – BBC News
‘A woman wanting to use her dead daughter’s frozen eggs to give birth to her own grandchild is being allowed to export them to the US for treatment.’
BBC News, 9th September 2016
Source: www.bbc.co.uk
Hyperlinking to unauthorised images – EU court reveals all – Technology Law Update
Posted September 12th, 2016 in consent, EC law, intellectual property, internet, news, photography by sally
‘The European court has ruled that commercial hyperlinking to photographs published on a website without the copyright-holder’s consent can be illegal. This is in contrast to the situation where hyperlinks are posted that link to material freely available elsewhere on the web with the copyright-holder’s consent .’
Technology Law Update, 9th September 2016
Source: www.technology-law-blog.co.uk
The need for Parliament’s consent to trigger Art 50 is a matter of EU Law – Halsbury’s Law Exchange
‘Paragraph 1 of Art 50 of the Treaty on European Union, governing voluntary withdrawal of a member state from the EU, reads: “Any member state may decide to withdraw from the Union in accordance with its own constitutional requirements.” This right is followed in the next paragraph by an obligation: “A member state which decides to withdraw shall notify the European Council of its intention.” This contribution addresses a single hypothetical scenario, namely, one in which Theresa May triggers Art 50 without prior parliamentary approval, asking: If she did this, would she be acting illegally? Several legal commentators have now offered answers to this question, the majority in the affirmative, and last month a legal action began by which the claimants wish to enjoin May from so acting. Thus the judges will have the final say. But which judges?’
Halsbury’s Law Exchange, 16th August 2016
Source: www.halsburyslawexchange.co.uk
Threefold rise in number of sex offences in schools reported to police – The Guardian
Posted August 8th, 2016 in charities, consent, education, equality, freedom of information, harassment, inquiries, news, school children, select committees, sexual offences, statistics, young offenders by sally
‘The number of sex offences in schools reported to police has almost trebled in four years, a study has shown.’
The Guardian, 8th August 2016
Source: www.guardian.co.uk
Colm O’Cinneide: Why Parliamentary Approval for the Triggering of Article 50 TEU Should Be Required as a Matter of Constitutional Principle – UK Constitutional Law Association
Posted July 8th, 2016 in consent, constitutional law, EC law, law firms, news, parliament, referendums, royal prerogative by sally
‘The argument that Article 50 of the Treaty on European Union (TEU) cannot be lawfully triggered without the consent of Parliament has generated plenty of excited discussion over the last week, both in specialist legal circles and in the wider world. The announcement by Mishcon de Reya that that legal action was pending to ‘ensure the UK Government will not trigger the procedure for withdrawal from the EU without an Act of Parliament’ has brought this debate to boiling point. Some commentators have talked excitedly about a ‘legal dream team… launching a last gasp legal bid to preserve Britain’s European Union membership’. In response, there has been a visceral backlash in pro-Leave ranks against what they see as an attempt by conniving lawyers to thwart the will of the people. The front page of the Daily Express on 4 July 2016 led with the banner headline ’Top Lawyers in Threat to Referendum Vote & Democracy’, going on to warn about ‘outrage and rioting on the streets’. Similarly, Professor Frank Furedi commenting on Twitter described the proposed legal action as nothing less than an ‘authoritarian attempt at a “legal” coup’, with Brendan O’Neill indulging in similar hysteria in the Spectator.’
UK Constitutional Law Association, 7th July 2016
Source: www.ukconstitutionallaw.org
Agoraphobic can be sedated and taken from home to undergo eye surgery, judge rules – Daily Telegraph
Posted July 8th, 2016 in consent, Court of Protection, disabled persons, medical treatment, news, restraint by sally
‘An agoraphobic woman can be sedated and taken from the home she has hardly left for many years so doctors can perform an eye operation, a judge has ruled.’
Daily Telegraph, 7th July 2016
Source: www.telegraph.co.uk
Fertility regulator wrongfully denied consent for mother’s surrogacy – UK Human Rights Blog
‘The Court of Appeal has ruled that a 60 year old woman may use her daughter’s frozen eggs to give birth to her own grandchild. Her daughter, referred to as A in the judgment, died of cancer at the age of 28 in 2011. The High Court had dismissed M’s argument that the HFEA had acted unlawfully by refusing to allow the eggs to be exported to a fertility clinic in the United States where an embryo would be created using donor sperm, and implanted in the mother.’
UK Human Rights Blog, 1st July 2016
Source: www.ukhumanrightsblog.com
Regina v Walker (Triston) [2016] EWCA Crim 751 – WLR Daily
Posted July 4th, 2016 in appeals, codes of practice, consent, criminal procedure, Crown Prosecution Service, law reports, murder by michael
Regina v Walker (Triston) [2016] EWCA Crim 751
‘The defendant was charged with murder. On 4 August 2007 the crown prosecutor made a decision to charge his co-accused with assisting an offender. That decision was taken employing the threshold test in the Code for Crown Prosecutors issued by the Director of Public Prosecutions (“DPP”) under section 37A of the Police and Criminal Evidence Act 1984 and considering the statutory charging procedures set out in section 37B, namely that when a case was referred by police to the DPP, the DPP should decide whether there was sufficient evidence to charge, decide which offence to charge and notify the police of his decision. The co-accused was charged by police on 21 August and the next day he was sent for trial. On 10 October a crown prosecutor gave written consent to the institution of proceedings against the co-accused. At trial the co-accused gave evidence which was broadly supportive of the defendant’s account but which contradicted that account in some respects. The defendant was convicted of murder. He sought leave to appeal against conviction, contending that the proceedings against the co-accused were a nullity, since the DPP had not given his consent until after he had been sent for trial; that, therefore, the co-accused should not have been on the same indictment as the defendant; that the co-accused’s contradictory evidence had done collateral damage to the defendant’s case; and that the conviction was therefore unsafe.’
WLR Daily, 1st July 2016
Source: www.iclr.co.uk
Judge: no resuscitation for churchgoer who would ‘accept death as God’s will’ – Daily Telegraph
Posted June 24th, 2016 in consent, Court of Protection, elderly, families, medical treatment, news by tracey
‘A judge overruled the daughter of a devout Christian who insists her dying father would want to be resuscitated – remarking that he would surely “accept death as God’s will”.’
Daily Telegraph, 23rd June 2016
Source: www.telegraph.co.uk
Widow to take fight to save frozen embryos to court – The Guardian
‘The widow of a Falklands war combat medic will go to the high court on Wednesday in an effort to prevent the couple’s frozen embryos from being destroyed.’
The Guardian, 21st June 2016
Source: www.guardian.co.uk
Trans people could ‘face rape charges’ if they don’t declare sexual history, warns trans activist – The Independent
‘A transgender activist has highlighted the issue of gender identity in legal sexual consent, warning that trans people in the UK may face rape charges and potentially jail if they fail to disclose their gender history to their sexual partners.’
The Independent, 11th June 2016
Source: www.independent.co.uk
‘Revenge porn’ threats could be made a crime in England and Wales – The Guardian
Posted June 13th, 2016 in anonymity, bills, community service, consent, criminal justice, internet, news, police, pornography, prosecutions, Scotland, sexual offences, statistics, suspended sentences, victims by sally
‘The threat of circulating “revenge porn” would be criminalised and the evidence threshold lowered to bring England and Wales in line with Scottish law, under changes to be proposed by a former Lib Dem cabinet minister.’
The Guardian, 11th June 2016
Source: www.guardian.co.uk
Sexting offences increasing in schools, say senior police officers – The Guardian
Posted June 9th, 2016 in charities, children, consent, harassment, inquiries, internet, news, police, pornography, school children, select committees, sexual offences, statistics by sally
‘Senior police officers are seeing an escalation in sexting offences in schools, according to a report submitted to MPs.’
The Guardian, 9th June 2016
Source: www.guardian.co.uk
‘Comedy of errors’ left baby legally fatherless, judge reveals as he criticises NHS clinic – Daily Telegraph
‘Britain’s top family judge has criticised a “comedy of errors” at a top NHS fertility clinic that left a baby in danger of being left legally fatherless.’
Daily Telegraph, 8th June 2016
Source: www.telegraph.co.uk
Filling the void: the Brexit effect on employment law – OUP Blog
Posted June 8th, 2016 in brexit, consent, consultations, contract of employment, EC law, employment, equality, news, redundancy, referendums, sex discrimination, trade unions, transfer of undertakings by sally
‘Having been cast as unnecessary “red tape”, a burden on business, inflexible, uncompetitive and inefficient, it is widely assumed that a sizeable number of domestic employment laws derived from European Law will be in the firing line in the event of a Brexit. In a well-publicised written opinion produced for the TUC, the leading labour law barrister, Michael Ford QC, has provided some support for this assumption. He noted the vulnerability of these EU-derived employment rights and labour laws, and divided and categorised them according to whether a future UK government would be likely to repeal, dilute or preserve them. In this blog, I will probe what might fill any void created by the removal of employment rights rooted in EU law. Surprisingly, the common law would appear to have as significant a role to play as domestic legislation in this context. The potential involvement of the common law is somewhat paradoxical, particularly in light of its perceived ‘undemocratic’ credentials, it being a source of law crafted incrementally by unelected judges.’
OUP Blog, 7th June 2016
Source: www.blog.oup.com
Chambers in “widespread non-compliance” with diversity rules, study finds – Legal Futures
Posted May 25th, 2016 in barristers, consent, disclosure, diversity, Legal Services Board, news, solicitors, statistics by sally
‘Large numbers of barristers’ chambers are flouting an obligation to publish diversity data and the Bar Standards Board (BSB) has been “unsophisticated” in its implementation of Legal Services Board (LSB) diversity rules, an influential academic has charged.’
Legal Futures, 23rd May 2016
Source: www.legalfutures.co.uk
Court of Appeal says children can be required to be x-rayed to challenge age assessment in court – Free Movement
Posted May 19th, 2016 in appeals, children, consent, dentists, immigration, medical treatment, news, x-rays by sally
‘Interesting and controversial case on X-rays and age assessment from the Court of Appeal: London Borough of Croydon v Y [2016] EWCA Civ 398 (26 April 2016). Essentially, the Court holds that the claimant would have to agree to an age assessment by means of a dental X-ray in order to continue with his claim against the local authority. The claimant was arguing that he had been incorrectly age assessed as an adult when in fact he was a child.’
Free Movement, 18th May 2016
Source: www.freemovement.org.uk
Home Secretary’s Police Federation Conference 2016 speech – Home Office
Posted May 18th, 2016 in bills, codes of practice, consent, domestic violence, fraud, ombudsmen, police, professional conduct, public interest, speeches, sport, statistics, unlawful killing, victims by tracey
‘Speech given by Theresa May at the Police Federation Annual Conference 2016 in Bournemouth.’
Home Office, 17th May 2016
Source: www.gov.uk/home-office
