‘Doctors can perform a caesarean section on a mentally-ill woman who is in the latter stages of pregnancy without her consent, a judge has ruled.’
Full story
BBC News, 20th May 2015
Source: www.bbc.co.uk
‘The Independent Press Standards Organisation (IPSO) recently upheld a complaint against a newspaper after it published an image taken from social media without consent.’
Halsbury’s Law Exchange, 13th May 2015
Source: wwww.halsburyslawexchange.co.uk
‘A mother is launching a legal battle for possession of her dead daughter’s frozen eggs so that she can become pregnant with her own grandchild.’
The Guardian, 8th May 2015
Source: www.guardian.co.uk
‘Three men have been jailed for raping a 19-year-old woman they plied with drink and drugs during a party in Brighton.’
BBC News, 30th April 2015
Source: www.bbc.co.uk
‘In a powerful, unanimous, 7 member-decision the Supreme Court has resolved, and possibly revolutionised, the issue of consent.’
39 Essex Chambers, April 2015
Source: www.39essex.com
‘Medicine is a changing field, and the way it is practised is in many ways unrecognisable today from 30 years ago. Diagnostic techniques have improved. The technology is better. New drugs come onto the market. Patients are better informed. Less and less are patients inclined to take the stance that “doctor knows best”. There is a plethora of information available through the internet enabling patients to obtain information about symptoms, investigations, treatment options, risks and side-effects; there are patient support groups; healthcare institutions issue leaflets; pharmaceutical products are labelled and contain data sheets intended to give the public information, including in relation to risks; there is a constant raising of awareness of medical accidents and perceived inadequacies of healthcare provision through the media including social media. Whistle-blowing legislation protects those within the health service who wish to remove the veil from poor standards in hospital. And there have been some high-profile inquiries and reports which have revealed severely substandard practice in some places, two obvious examples being North Staffordshire and Morecambe Bay. The result is that the person who walks through the door of a consulting room today is likely to be very different to the person who walked in 30 years ago: better informed, cannier, more suspicious perhaps, more demanding, less resigned.’
Full story (PDF)
Hailsham Chambers, 26th March 2015
Source: www.hailshamchambers.com
‘Sharing indecent images to embarrass former partners will carry up to two years’ imprisonment, as new law also cracks down on internet ‘trolls’.’
Daily Telegraph, 12th April 2015
Source: www.telegraph.co.uk
‘The Supreme Court decision in the case of Montgomery v. Lanarkshire Health Board [2015] UKSC 11, 11 March 2015 sounds the death knell for Sidaway. The Supreme Court comprised of 7 Law Lords has now unequivocally said that Sidaway should not be followed in medical cases where consent is in issue. Allowing the appeal from the Scottish courts by a woman whose baby suffered shoulder dystocia in labour, the Supreme Court held that women have a right to information about ‘any material risk’ in order to make autonomous decisions about how to give birth.’
No. 5 Chambers, 30th March 2015
Source: www.no5.com
‘Richard Paige discusses 2 recent decisions which are essential reading for any clinical negligence practitioner: they establish that patients’ wishes are paramount. Doctors must ensure that patients are sufficiently informed and must not censor information.’
Park Square Barristers, 14th March 2015
Source: www.parksquarebarristers.co.uk
‘Facebook tracks the web browsing of everyone who visits a page on its site even if the user does not have an account or has explicitly opted out of tracking in the EU, extensive research commissioned by the Belgian data protection agency has revealed.’
The Guardian, 31st March 2015
Source: www.guardian.co.uk
‘This case concerned the misuse of private information by an internet provider based in the United States. Google had secretly tracked private information about users’ internet browsing without their knowledge or consent, and then handed the information on to third parties (a practice known as supplying Browser-Generated Information, or ‘BGI’).’
UK Human Rights Blog, 31st March 2015
Source: www.ukhumanrightsblog.com
‘In the UK some women choose to have their clitoris pierced to enhance their sexual pleasure. Recent headlines in the UK announced that vaginal piercings are now being classed as female genital mutilation (FGM) under new NHS guidelines. The truth is that vaginal piercings have always fallen within the definition of FGM but the lack of clear guidance to piercing clinics and the absence of clear guidance for health professionals has affected the way that traditionally mutilated girls and women are treated. The new guidelines are part of a package of measures designed to identify those at risk of traditional procedures in a non-discriminatory way as part of necessary intervention that ought to engage all health practitioners in the campaign to eradicate FGM in the UK.’
Halsbury’s Law Exchange, 25th March 2015
Source: www.halsburyslawexchange.co.uk
‘A series of tougher sentencing measures, new criminal offences and a more balanced judicial review system will come into force when the Criminal Justice and Courts Act 2015 takes effect on 13 April.’
Ministry of Justice, 20th March 2015
Source: www.gov.uk/government/organisations/ministry-of-justice
‘A High Court judge has accused the Court of Appeal of apparently taking a “procedurally impermissible route” and making a consent order that was ultra vires, in legal proceedings over whether a woman looked after at home had been deprived of her liberty.’
Local Government Lawyer, 18th March 2015
Source: www.localgovernmentlawyer.co.uk
Mental Capacity Law Newsletter (PDF)
Thirty Nine Essex Street, February 2015
Source: www.39essex.com
‘Enfield LBC v Najim (2015) CA (Civ Div) 04/03/2015. This was Enfield’s appeal from a s.204 appeal quashing Enfield’s decision and review decision that Ms N was intentionally homeless.’
Nearly Legal, 5th March 2015
Source: www.nearlylegal.co.uk/blog/
‘This report summarises the development and evaluation of the campaign.’
Home Office, 8th March 2015
Source: www.gov.uk/home-office
‘Andrew Powell, barrister of 4 Paper Buildings, reviews recent important judgments concerning surrogacy including the President’s landmark decision in Re X.’
Family Law Week, 26th February 2015
Source: www.familylawweek.co.uk
‘For some years there has been debate between the judges about whether anonymity orders should be made when very seriously injured people’s claims are settled and the court is asked to approve the settlement. This welcome decision of the Court of Appeal means that anonymity orders will normally be made in cases involving protected parties.’
UK Human Rights Blog, 19th February 2015
Source: www.ukhumanrightsblog.com
‘Revenge porn, which has been used to cause a person harm, to blackmail people into sex, and which has been used against children as young as 11, has been criminalised.’
The Independent, 12th February 2015
Source: www.independent.co.uk
