Informed Consent: What is the test for reasonable alternative or variant treatments? – Gatehouse Chambers

Posted August 25th, 2023 in appeals, chambers articles, consent, medical treatment, news, Supreme Court by sally

‘The Supreme Court in Montgomery imposed (or perhaps clarified) a duty to ensure that any patient is aware of the material risks involved in any recommended treatment. They also extended the duty to obtain informed consent to informing the patient of “any reasonable alternative or variant treatments.”’

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Gatehouse Chambers, 7th July 2023

Source: gatehouselaw.co.uk

Autistic man should not be forced to have dialysis, judge rules – BBC News

Posted August 24th, 2023 in autism, consent, medical treatment, mental health, news by sally

‘An autistic man with “chronic” kidney disease should not be forced to undergo dialysis, despite the “potentially fatal consequence of not having it”, a judge has ruled.’

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BBC News, 23rd August 2023

Source: www.bbc.co.uk

“Consent – does it matter?” – Karen Lennon and Oliver Latham discuss the decision of Knowles J in F v M and the approach to rape allegations in Family Law proceedings – Park Square Barristers

‘In March 2021, the Court of Appeal handed down its now oft cited decision in Re HN [2021] EWCA Civ 448. That case is famous amongst family lawyers as the architect of the modern approach to umbrella allegations of coercive and controlling behaviour. The focus of this article however is on sexual abuse allegations, in particular those of rape.’

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Park Square Barristers, 11th July 2023

Source: www.parksquarebarristers.co.uk

Consent and Factual Causation – Two Recent Cases – QMLR

‘Two cases from the past year illustrate the importance of factual causation as an issue in litigation concerning consent to treatment and provide various reminders on points of practice that will be of interest to those working in the field of clinical negligence.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Information Commissioner reprimands two police forces for recording 200,000 phone conversations without consent – Local Government Lawyer

‘The Information Commissioner’s Office (ICO) has issued Surrey Police and Sussex Police with reprimands under its new approach to enforcement against the public sector, instead of imposing a £1m monetary penalty, after finding that some officers at both police forces were using an app that automatically recorded phone conversations.’

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Local Government Lawyer, 19th April 2023

Source: www.localgovernmentlawyer.co.uk

Adoption of babies – ss 19 and 20 consent and Re A, B, and C – Family Law

Posted April 17th, 2023 in adoption, appeals, consent, families, local government, news by tracey

‘The making of an adoption order changes a child’s family law status and legal identity forever,1 and only in the most exceptional circumstances is an adoption order ever revoked; most likely, if at all, as a result of serious procedural unfairness or irregularity, or misrepresentation.2 It is a well-established legal principle that, therefore, all “realistic” options need to be explored before adoption is endorsed as a child’s care plan.3 That is no different when it comes to the voluntary relinquishment of a child for adoption, by both parents, or more likely, by one parent, the mother.’

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Family Law, 13th April 2023

Source: www.familylaw.co.uk

Stephen Bear 21-Month Custodial Sentence Sends a Message – Intimate Image Abuse Will Not Be Taken Lightly – Mountford Chambers

‘Following the highly publicised trial and subsequent imprisonment of Stephen Bear, Fiona Clegg looks at the current position regarding disclosing private sexual photographs and films with intent to cause distress and the proposals for reform.’

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Mountford Chambers, 16th March 2023

Source: www.mountfordchambers.com

Dartmoor and the Right to Wild Camp: Whigs and Hunters for the 21st Century? – UK Human Rights Blog

Posted March 30th, 2023 in commons, consent, news, parks, statutory interpretation by sally

‘This is the beguilingly simple opening to the judgment of Sir Julian Flaux C. in the case of Darwall and Darwall v. Dartmoor National Park Authority [2023] EWHC 35 (Ch), which was handed down on Friday, 13 of January 2023.’

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UK Human Rights Blog, 30th March 2023

Source: ukhumanrightsblog.com

Stephen Bear jailed for 21 months for sharing sex video without consent – The Guardian

‘The reality TV personality Stephen Bear has been sentenced to 21 months in prison for sharing a private video of him having sex with his ex-girlfriend Georgia Harrison, in a judgment confirming that sharing intimate images without consent is a serious crime.’

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The Guardian, 3rd March 2023

Source: www.theguardian.com

Legal experts call for new UK offence of inducing sexual activity by deception – The Guardian

Posted January 18th, 2023 in consent, criminal justice, deceit, news, sexual offences by sally

‘A new criminal offence of intentionally deceiving a person into engaging in sexual activity should be created to address confusion in the law around consent, legal experts and lawyers have said.’

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The Guardian, 18th January 2023

Source: www.theguardian.com

Trafficking victim wins landmark victory in Salvation Army data case – The Guardian

‘A victim of county lines trafficking has won a landmark victory in the high court securing new protections against the Salvation Army handing over confidential information to the Home Office.’

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The Guardian, 12th December 2022

Source: www.theguardian.com

Removal of gametes from brain dead man would breach his rights to privacy: Court of Protection – UK Human Rights Blog

Posted November 25th, 2022 in consent, Court of Protection, families, human rights, news, privacy by tracey

‘The 22 year old patient in this case, X, was unconscious in intensive care during the course of this hearing, following a serious stroke. There was virtually no prospect that he would recover. This urgent application by X’s parents, out of hours, before Poole J was for a declaration that it would be lawful for a doctor to retrieve X’s sperm for storage after his death. The applicants also sought an order that X’s father V could sign the relevant consents under the Human Fertilisation and Embryology Act 1990 (“The 1990 Act”). The applicants did not seek any orders in respect of the use of X’s sperm once collected and stored. That was for another day.’

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UK Human Rights Blog, 24th November 2022

Source: ukhumanrightsblog.com

New laws to better protect victims from abuse of intimate images – Ministry of Justice

Posted November 25th, 2022 in bills, consent, internet, Law Commission, Ministry of Justice, news, pornography, victims by tracey

‘Victims will be better protected from abusers who share intimate images without their consent, under a raft of changes to the law announced today (25 November 2022).’

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Ministry of Justice, 25th November 2022

Source: www.gov.uk

Law Commission recommendations to protect victims of intimate image abuse to be implemented – Law Commission

Posted November 25th, 2022 in bills, consent, internet, Law Commission, Ministry of Justice, news, pornography, victims by tracey

‘The Government has today announced that it will implement Law Commission recommendations to strengthen the law to protect victims of intimate image abuse.’

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Law Commission, 25th November 2022

Source: www.lawcom.gov.uk

Judge approves C-section for pregnant woman with mental health difficulties – The Independent

Posted October 20th, 2022 in birth, consent, mental health, news, pregnancy by sally

‘Doctors can carry out a caesarean section on a heavily pregnant woman with mental health difficulties without her approval if needed, a judge has ruled.’

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The Independent, 19th October 2022

Source: www.independent.co.uk

Surrogacy Arrangements and Parental Orders: Where Are We Now? – Family Law Week

Posted October 11th, 2022 in consent, domicile, news, parental responsibility, surrogacy, time limits by tracey

‘Bianca Jackson, Barrister at Coram Chambers considers the most important news and case law relating to Surrogacy Arrangements and Parental Orders.’

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Family Law Week, 5th October 2022

Source: www.familylawweek.co.uk

Woman to sue CPS after rape case dropped over sexsomnia claims – The Guardian

Posted October 6th, 2022 in consent, Crown Prosecution Service, news, prosecutions, rape, sleepwalking by sally

‘A woman is suing the Crown Prosecution Service after it admitted her rape case should not have been dropped because of claims she had an episode of a rare sleep condition called sexsomnia.’

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The Guardian, 5th October 2022

Source: www.theguardian.com

Barrister who raped woman he met on Tinder jailed for four years – The Independent

Posted September 16th, 2022 in autism, barristers, consent, imprisonment, news, rape, sentencing, sexual offences by tracey

‘A barrister who laughed after forcing himself on his Tinder date has been jailed for four years for rape.’

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The Independent, 16th September 2022

Source: www.independent.co.uk

Archie Battersbee: how third parties can further complicate tragic life support cases – The Guardian

‘Government said to be considering inquiry into new ways of handling decisions, as religious groups accused of inflaming tensions.’

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The Guardian, 1st August 2022

Source: www.theguardian.com

Archie Battersbee: Judges reject allowing more time for UN to consider case – BBC News

Posted August 2nd, 2022 in appeals, children, consent, hospitals, medical treatment, news, United Nations by tracey

‘A last-minute Court of Appeal hearing has ruled the withdrawal of life support for Archie Battersbee should not be postponed beyond Tuesday.’

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BBC News, 1st August 2022

Source: www.bbc.co.uk