‘Mr Justice Males describes rape victim as ‘very unwise” for drinking so much in a nightclub she was raped by two men.’
Daily Telegraph, 13th February 2015
Source: www.telegraph.co.uk
‘Three men have been convicted of rape, despite a judge trying to stop their trial because of a lack of evidence. Judge John Pini QC halted the trial of Michael Armitage, Pawel Chudzicki and Rafal Segiet saying it could not be proved the woman did not have the capacity to consent. In an unusual move, the prosecution challenged the decision and the Court of Appeal overruled the judge.’
BBC News, 12th February 2015
Source: www.bbc.co.uk
‘Christopher Hames and Dorothea Gartland, of 4 Paper Buildings, & Nina Hansen, a partner of Freemans Solicitors, consider the important Court of Appeal judgment in Re M (Republic of Ireland) (Children’s Objection) (Joinder of Children as Parties).’
Family Law Week, 4th February 2015
Source: www.familylawweek.co.uk
‘The man who squirted his girlfriend with brown sauce, the woman with faulty lubricant…The five most bizarre court cases inspired by 50 Shades of Grey.’
Daily Telegraph, 10th February 2015
Source: www.telegraph.co.uk
‘Victims of rape and sexual violence are not being properly protected during trials and should be dealt with in special courts, according to a new study to be published tomorrow. Guidelines meant to highlight the vulnerability of victims and special measures, such as allowing evidence to be given behind screens, “are not having their intended effect”, researchers at Bath University’s Institute for Policy Research warn.’
The Independent, 8th February 2015
Source: www.independent.co.uk
‘The singer’s recent trademark win over Topshop isn’t necessarily good news for celebrity claimants; each case will be taken on its merits.’
Law Society’s Gazette, 3rd February 2015
Source: www.lawgazette.co.uk
‘FOCUS: If a business wants to process data that relates to a person located in the EU, it must comply with EU privacy laws. By far one of the easiest ways to lawfully process personal data is by obtaining consent from the person whose data a business would like to process.’
OUT-LAW.com, 3rd February 2015
Source: www.out-law.com
‘Radical changes to the way sex offences are investigated have been hailed as a “huge step forward” by campaigners.’
The Independent, 28th January 2015
Source: www.independent.co.uk
‘In the case of Anita Border v Lewisham and Greenwich NHS Trust [2015] EWCA Civ 8, recently heard by the Court of Appeal, a Senior House Officer in the Accident and Emergency Department commenced a treatment in the face of explicit protestation by the Claimant, and without discussing with her what her alternatives were.’
Zenith PI Blog, 26th January 2015
Source: www.zenithpi.wordpress.com
‘A former drama teacher who fathered a child during an affair, which began when the girl was a pupil, has been jailed for 12 months, despite a plea from his wife for leniency.’
The Guardian, 20th January 2015
Source: www.guardian.co.uk
‘In this update Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on the applicable procedure for cases in which urgent and serious medical treatment is required.’
Family Law Week, 16th January 2015
Source: www.familylawweek.co.uk
‘Bangladeshi man claims he has right under his culture to have sex with wife, who has mental age of a child, whenever he pleases and she has no right to refuse.’
Full story
Daily Telegraph, 17th December 2014
Source: www.telegraph.co.uk
‘A high court judge has ruled that the son of two devout Jehovah’s Witnesses can be given a blood transfusion despite religious objections from his parents.’
The Guardian, 8th December 2014
Source: www.guardian.co.uk
‘A person consenting to the registration of a trade mark for the purposes of article 4(5) of Parliament and Council Directive 2008/95/EC must unequivocally demonstrate his intention to renounce his rights. An express statement of consent would satisfy that requirement.’
WLR Daily, 1st December 2014
Source: www.iclr.co.uk
‘Police watchdog reveals how police wrongly presumed a rape victim must have “consented” to sex.’
Daily Telegraph, 18th November 2014
Source: www.telegraph.co.uk
‘Rape, as everyone knows, is having penetrative sexual activity with someone without that person’s consent and the defendant not reasonably believing that that person is consenting.’
Full story
Halsbury’s Law Exchange, 24th October 2014
Source: www.halsburyslawexchange.co.uk
‘Revenge pornography – sharing sexually explicit images of former partners without their consent – is to become a criminal offence punishable by up to two years in prison.’
The Guardian, 12th October 2014
Source: www.guardian.co.uk
‘Britons must accept a greater loss of digital freedoms in return for greater safety from serious criminals and terrorists in the internet age, according to the country’s top law enforcement officer.’
The Guardian, 7th October 2014
Source: www.guardian.co.uk
NHS Trust 1 and another v FG [2014] EWCOP 30; [2014] WLR (D) 384
‘Where a person lacked capacity to consent to proposed obstetric treatment, an NHS trust should make an application to the court: (1) where medical intervention proposed in the delivery of a baby amounted to serious medical treatment; (2) where there was a real risk of possible use of more than transient forcible restraint; (3) where there was a serious dispute as to what obstetric care was in the person’s best interests; and (4) where the proposed obstetric care and/or the proposed measures used to facilitate it would amount to a deprivation of liberty. That guidance was not intended to restrict the cases where trusts made an application to the court to only those cases which fell within those categories; it had always to remain open to trusts to make an application to the court if the individual circumstances of the case justified it.’
WLR Daily, 28th August 2014
Source: www.iclr.co.uk
In re P (A Child) (Adoption: Step-Parent’s Application); [2014] EWCA Civ 1174; [2014] WLR (D) 381
‘In an adoption application, the key to the approach both to evaluating the needs of a child’s welfare throughout his or her life and to dispensing with parental consent was proportionality. Although the same statutory provisions in respect of welfare and consent, namely sections 1 and 52 of the Adoption and Children Act 2002, applied to an application to adopt by a step-parent, a distinction was to be drawn between adoption in the context of compulsory and permanent placement outside the family against the wishes of the child’s parents, and a step-parent adoption where the child was remaining in the care of one or other of his parents.’
WLR Daily, 15th August 2014
Source: www.iclr.co.uk
