Legal Parenthood: Modern Problems, Old Solutions – A review of The HFEA (A and Others) [2015] EWHC 2602 – Family Law Week

Posted October 1st, 2015 in assisted reproduction, consent, news, parental responsibility by sally

‘Deirdre Fottrell QC, 1 Garden Court Chambers, and Jemma Dally, Partner, Goodman Ray LLP, explain the factual background and legal issues involved in the President’s recent judgment in The Matter of the HFEA (A and Others)’

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Family Law Week, 28th September 2015

Source: www.familylawweek.co.uk

Judge rejects call to give life-saving treatment against opposition of patient – Local Government Lawyer

Posted October 1st, 2015 in appeals, consent, health, medical treatment, news by sally

‘A Court of Protection judge has ruled that it would be unlawful for an NHS trust to carry out life-saving treatment against the patient’s opposition.’
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Local Government Lawyer, 1st October 2015

Source: www.localgovernmentlawyer.co.uk

Sexual consent is simple. We should all be clear what constitutes rape – The Guardian

Posted September 28th, 2015 in consent, Crown Prosecution Service, news, prosecutions, rape, sexual offences, victims by sally

‘A new CPS campaign focuses on cases where two adults know each other, and attempts to debunk some of the myths around sex offences.’

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The Guardian, 23rd September 2015

Source: www.guardian.co.uk

Donating embryos for medical research–a human rights minefield – Halsbury’s Law Exchange

Posted September 25th, 2015 in consent, EC law, embryology, human rights, Italy, jurisdiction, news, privacy, proportionality by sally

‘The case of Parrilo v Italy [2015] ECHR 755, decided by the Grand Chamber of the ECt.HR (16-1), that Italian legislation banning the donation of embryos obtained by IVF for scientific research was within Italy’s margin of appreciation and thus was not in breach of the applicant’s (Ms Parillo) right to private life and autonomy under Article 8 of the ECHR.’

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Halsbury’s Law Exchange, 24th September 2015

Source: www.halsburyslawexchange.co.uk

Women who can’t remember night before should speak to rape counsellor, says DPP – Daily Telegraph

Posted September 23rd, 2015 in consent, news, prosecutions, rape by sally

‘Alison Saunders, the head of the Crown Prosecution Service, urges women who wake up in a man’s bed with no recollection of what happened to them to seek professional advice.’

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Daily Telegraph, 22nd September 2015

Source: www.telegraph.co.uk

Couple win £20k damages in landmark childcare case – Law Society’s Gazette

Posted September 22nd, 2015 in children, consent, damages, human rights, news, social services by sally

‘A couple whose children were unlawfully removed by a local authority have been awarded £10,000 each in damages for a breach of their right to a family life.’

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Law Society’s Gazette, 21st September 2015

Source: www.lawgazette.co.uk

“Widespread incompetence” of fertility regulator and clinics lamented by President of Family Division – UK Human Rights Blog

Posted September 15th, 2015 in assisted reproduction, consent, human rights, news, parental responsibility by tracey

‘A and others (In the matter of the Human Fertilisation and Embryology Act 2008).
This case is best summed up in Sir James Munby’s own words: “This judgment relates to a number of cases where much joy but also, sadly, much misery has been caused by the medical brilliance, unhappily allied with the administrative incompetence, of various fertility clinics. The cases I have before me are, there is every reason to fear, only the small tip of a much larger problem.” ‘

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UK Human Rights Blog, 11th September 2015

Source: www.ukhumanrightsblog.com

Campaigners call for revenge porn victims to be given anonymity – The Guardian

Posted September 7th, 2015 in anonymity, consent, internet, news, pornography, privacy, sexual offences, victims by sally

‘Campaign groups have called on the government to grant anonymity to revenge porn victims amid concern publicity surrounding convictions only causes more people to search for explicit images.’

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The Guardian, 6th September 2015

Source: www.guardian.co.uk

Surrogacy in the UK vs Surrogacy Abroad – entirely different, or one and the same? – Family Law Week

Posted August 12th, 2015 in consent, jurisdiction, news, surrogacy by sally

‘Nicola Scott, fertility lawyer at Porter Dodson LLP, considers those issues that often arise in UK surrogacy arrangements.’
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Family Law Week, 4th August 2015

Source: www.familylawweek.co.uk

Revenge porn laws: First person found guilty under new laws to be sentenced today – The Independent

Posted August 7th, 2015 in consent, crime, internet, news, photography, pornography, video recordings by tracey

‘The first person convicted under new “revenge porn” laws is to be sentenced today.’

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The Independent, 7th August 2015

Source: www.independent.co.uk

Disinheritance and the law: why you can’t leave your money to whoever you please – The Guardian

Posted August 3rd, 2015 in appeals, charities, consent, local government, news, probate, statistics, trusts, wills by sally

‘When Melita Jackson decided to disinherit her daughter Heather, she knew what she was doing, and her decision was clear. Now a court has ruled that Heather still has a right to a share of her estate. As Britain experiences a surge in will disputes, is our sense of what we owe our children changing?’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

Resolving the rules of insolvency – 11 Stone Buildings

Posted July 28th, 2015 in appeals, consent, costs, cross-claims, insolvency, liquidators, news, winding up by sally

‘Restructuring & Insolvency analysis: In what ways has Re Kingstons Investments Ltd shed light on longstanding ambiguities in the Insolvency Rules 1986? Jamie Riley, commercial litigator at 11 Stone Buildings, explores the case and explains why the final decision will be so important for insolvency lawyers.’

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11 Stone Buildings, June 2015

Source: www.11sb.com

Modernising the law on informed consent – Hardwicke Chambers

Posted July 28th, 2015 in appeals, birth, consent, doctors, medical treatment, news, Supreme Court by sally

‘The recent Supreme Court decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11, 11 March 2015 has seen the courts move away from the previously paternalistic laws on informed consent and take a step towards recognising the more modern relationship between doctor and patient.’
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Hardwicke Chambers, 2nd June 2015

Source: www.hardwicke.co.uk

Providing protective care to people unable to consent to treatment – Law Commission

‘The Mental Capacity Act aims to protect people who lack mental capacity but need to be deprived of liberty in order to receive appropriate care and treatment in hospitals and care homes. But the safeguards are not meaningful for disabled and older people and their families, local councils and the NHS are struggling to meet their obligations under the law, and people who live in other settings – such as supported living – are being left unprotected.’

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Law Commission, 7th July 2015

Source: www.lawcom.gov.uk

Placement and Adoption: if a thing is worth doing, it is worth doing well – Family Law Week

Posted July 3rd, 2015 in adoption, consent, news, placement orders by tracey

‘Mavis Amonoo-Acquah, Pupil Barrister, 1 Garden Court Family Law Chambers, considers recent judicial guidance, and its application, in respect of non-consensual adoption.’

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Family Law Week, 23rd June 2015

Source: www.familylawweek.co.uk

Mother’s bid to use dead daughter’s eggs fails – BBC News

Posted June 16th, 2015 in assisted reproduction, consent, grandparents, news by sally

‘A mother cannot use her dead daughter’s frozen eggs to give birth to her own grandchild, the High Court in London has ruled.’
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BBC News, 15th June 2015

Source: www.bbc.co.uk

Chetham’s violin teacher found not guilty of rape – The Guardian

Posted June 9th, 2015 in consent, news, rape, school children, teachers by tracey

‘A former violin teacher accused of abusing his power and influence to prey on students has been found not guilty of rape.’

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The Guardian, 8th June 0215

Source: www.guardian.co.uk

Connolly v Croydon Health Services NHS Trust [2015] EWHC 1339 (QB) and Buswell v Symes [2015] EWHC 1379 (QB) – Zenith PI Blog

‘Multiple witness statements and credibility of witnesses.’

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Zenith PI Blog, 4th June 2015

Source: www.zenithpi.wordpress.com

Men and women ‘cannot consent to sex if they are drunk’, new report suggests – The Independent

Posted June 4th, 2015 in alcohol abuse, consent, news, rape, reports by sally

‘A rape charity has welcomed a report into sexual offence legislation that has called for legal amendments so a person who is severely intoxicated would lose the capacity to consent to sex.’
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The Independent, 3rd June 2015

Source: www.independent.co.uk

Patient consent and medical advice – Law Society’s Gazette

Posted May 27th, 2015 in appeals, birth, consent, disabled persons, medical treatment, news, Supreme Court by sally

‘On 11 March 2015, the Supreme Court unanimously agreed that Nadine Montgomery should succeed in her claim against NHS Lanarkshire following a birth complication during the delivery of her son in October 1999, which resulted in him suffering severe disabilities.’

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Law Society’s Gazette, 22nd May 2015

Source: www.lawgazette.co.uk