“Sally Bradley, Barrister, of 4 Paper Buildings analyses recent decisions in the Court of Protection relating to capacity to consent to sexual relations, DNA testing and statutory wills.”
Family Law Week, 11th May 2012
Source: www.familylawweek.com
“Websites track visitors’ activity, but will legal changes to users’ consent make a difference to the Guardian or other sites?”
The Guardian, 13th April 2012
Source: www.guardian.co.uk
“The UK’s data protection watchdog is not likely to take action against the users of data analytics cookies on websites even if they fall foul of new EU rules on cookie consent, it has said.”
OUT-LAW.com, 10th April 2012
Source: www.out-law.com
Social networking sites need to obtain users’ ‘informed consent’ before suggesting to other users that those individuals feature in photos that they are uploading to the site, an EU privacy watchdog has said.
OUT-LAW.com, 4th April 2012
Source: www.out-law.com
“The premium rate phone regulator might disregard consumer consent for paid-for mobile applications if those apps turn out to contain malicious code, the premium rate services (PRS) regulator has said.”
OUT-LAW.com, 29th February 2012
Source: www.out-law.com
“The Court of Protection has ruled that an autistic woman with an IQ of 64 does not have the mental capacity to engage in sexual relations, on the basis that she does not understand the implications and cannot effectively deploy the information she has understood into her decisions.”
UK Human Rights Blog, 14th February 2012
Source: www.ukhumanrightsblog.com
“Website publishers must do more to make sure that they are in compliance with new laws introduced this year on informing web users about the use of cookies, the Information Commissioner’s Office (ICO) has said.”
OUT-LAW.com, 15th December 2011
Source: www.out-law.com
“The government is facing growing pressure to reveal how the Prince of Wales has used his power of consent over draft legislation after it emerged ministers asked him to approve planning and construction laws because they might directly affect the private £700m property empire that provides his annual income.”
The Guardian, 31st October 2011
Source: www.guardian.co.uk
“EU data protection watchdogs have contradicted UK regulations on the use of cookies, advising the European Commission to specify that user consent must be obtained before cookies are used.”
OUT-LAW.com, 25th July 2011
Source: www.out-law.com
“Warning notices at the top of websites, annoying pop-up windows, forms asking for your consent … fears have been voiced that browsing the web could become more complicated and time-consuming as a result of ‘challenging’ new EU rules on internet cookies.”
The Guardian, 28th May 2011
Source: www.guardian.co.uk
“New laws governing cookies, personal data breaches and the powers of the UK’s privacy watchdog come into force today. The Privacy and Electronic Communications (Amendment) Regulations implement changes in EU law.”
OUT-LAW.com, 26th May 2011
Source: www.out-law.com
“Websites should not rely on browser settings as indicating whether a user consents to having their online activity tracked, the Information Commission’s Office (ICO) has advised.”
OUT-LAW.com, 9th May 2011
Source: www.out-law.com
“Browser settings alone cannot be used by web users to give consent to their behaviour being tracked under a new EU law, the UK Government has said. The Government said that it will implement the EU law by a 25 May deadline.”
OUT-LAW.com, 18th April 2011
Source: www.out-law.com
Regina v Cooper (Gary Anthony)
House of Lords
“An irrational fear preventing the free exercise of choice by B was sufficient to make criminal A’s sexual touching of B who was unable to refuse through a mental disorder. Inability to communicate any choice made was not limited to physical inability.”
The Times, 7th August 2009
Source: www.timesonline.co.uk
In re P-J (Children) (Abduction: Consent)
Court of Appeal
“Consent to the removal of a child from one jurisdiction to another had to be real and subsist at the time of the removal.”
The Times, 6th August 2009
Source: www.timesonline.co.uk
R v C [2009] UKHL 42; [2009] WLR (D) 272
“The words of s 30(2)(a) of the Sexual Offences Act 2003 ‘or for any other reason’ were wide enough to include an irrational fear preventing the free exercise of choice, and inability to communicate the choice made within s 30(2)(b) was not limited to physical inability.”
WLR Daily, 31st July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
In re P-J (Children) (Abduction: Consent) [2009] EWCA Civ 588; [2009] WLR (D) 207
“Effective ‘consent’ to the removal of a child from the jurisdiction of the state of its habitual residence could in principle be given in advance by an eligible person. However, for reliance to be placed on the terms of art 13(a) of the Hague Convention, whereby a requested state was not bound to order the return of such a child if the person having care of the person of the child had ‘consented to or subsequently acquiesced in’ the removal, the consent had to subsist at the time when the child was in fact removed.”
WLR Daily, 23rd June 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
L v Human Fertilisation and Embryology Authority
Family Division
“Absent effective consent, the court had no power to authorise retrieval or lawful storage of gametes pending a decision of the Human Fertilisation and Embryology Authority on export for further storage and use.”
The Times, 16th October 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Attorney-General’s Reference (No 29 of 2008) (Jon Peter Dixon)
Court of Appeal (Criminal Division)
“A non-custodial sentence for sexual offences against a child under 13 where the child had been a willing participant did not meet the essential fact that the law was there not only to protect children from the baleful influence of adults with an inappropriate interest in children but was also designed to protect children from themselves.”
The Times, 29th August 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
