‘A 38-year-old widower has won a landmark legal case giving him the right to have a baby with a surrogate using the last remaining embryo created with his late wife.’
The Guardian, 22nd June 2022
Source: www.theguardian.com
‘The parents of a 12-year-old boy have been given the right to appeal against the decision to allow his life-support treatment to end.’
BBC News, 20th June 2022
Source: www.bbc.co.uk
‘Emma-Louise Fenelon speaks to John Whitting QC about the key healthcare law cases of Bolam, Montgomery, the knotty issue of informed consent and the scope of the duty to offer alternative treatments.’
Law Pod UK, 31st May 2022
Source: audioboom.com
‘A landmark ruling over the use of puberty-blocking drugs for children with gender dysphoria will not be challenged at the Supreme Court.’
The Independent, 5th May 2022
Source: www.independent.co.uk
‘In this post, Matthew Purchase QC of Matrix Chambers discusses the Supreme Court’s decision in the matter of T (A Child) [2021] UKSC 35. The Court was asked to consider two things: first, whether it was a permissible exercise of the High Court’s inherent jurisdiction to make an order authorising a local authority to deprive a child of his or her liberty in this category of case, and secondly if, contrary to T’s argument the High Court can have recourse to its inherent jurisdiction to make an order of the type in question, what the relevance is of the child’s consent to the proposed living arrangements.’
UKSC Blog, 30th March 2022
Source: ukscblog.com
‘A recent costs ruling shows that brands should think twice before claiming directors are jointly liable with their company for the infringement of their intellectual property (IP) rights. The costs ruling concerned a dispute over trade mark rights heard recently by the High Court in London. Its judgment in the case, involving rival property management companies Urbanbubble and Urban Evolution, shows how difficult it is for brand owners to rely on evidence purportedly showing actual confusion over who operates their brand, to demonstrate trade mark infringement. It further highlights the care trade mark owners must take when engaging with other brands to avoid inadvertently giving competitors permission to use similar trade marks.’
OUT-LAW.com, 17th March 2022
Source: www.pinsentmasons.com
‘A pregnant woman detained under the terms of mental health legislation is capable of deciding whether to have an abortion even though doctors say such a move would not be in her best interests, a judge has ruled.’
The Independent, 14th March 2022
Source: www.independent.co.uk
‘Doctors can perform a Caesarean section against the will of a diabetic woman in her late 20s, a judge has ruled.’
BBC news, 10th March 2022
Source: www.bbc.co.uk
‘The much-anticipated hearing in CAM Legal v Belsner was scrapped yesterday after the Court of Appeal raised the possibility that pre-action legal work was contentious business for costs purposes.’
Legal Futures, 24th February 2022
Source: www.legalfutures.co.uk
‘The relationship between “rough sex” and the criminal law has recently been subject to considerable scrutiny. Much of this debate has focused on male defendants in homicide cases, who have claimed the death of the female victim resulted accidentally from consensual rough sex. As a result, more commonplace occurrences of rough sex that do not result in death have received limited attention. In particular, the role that rough sex plays in abusive relationships, whether and how this is criminalised, has been largely overlooked.’
Family Law, 11th February 2022
Source: www.familylaw.co.uk
‘The government is being criticised in some quarters for pushing ahead with a tight deadline for all NHS staff in frontline roles to get their first Covid-19 vaccination, with critics saying that it could result in staff shortages.’
Each Other, 1st February 2022
Source: eachother.org.uk
‘A Private Members’ Bill before parliament which would allow parents of seriously ill children to seek treatment abroad is due to be debated this week. The Access to Palliative Care and Treatment of Children Bill 2019– 21 contains proposals to reform the law in response to recent high profile cases concerning the medical treatment of children (with specific reference to the case of Charlie Gard). The Bill, which has been tabled by palliative care professor Baroness Finlay, would stop judges making orders which prevent parents from taking their child abroad for treatment at any respected medical institution if there is no major risk of harm to them.’
UK Human Rights Blog, 10th January 2022
Source: ukhumanrightsblog.com
‘The benefits of vaccination against Covid-19 for a child with autism, severe learning disability and asthma “significantly outweigh” the possible risks, the Court of Protection has found, despite objections from the boy’s parents.’
Local Government Lawyer, 10th January 2022
Source: www.localgovernmentlawyer.co.uk
‘In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones, and are then able to access the new spouse’s lifetime savings and inherit their entire estate under the intestacy rules, as marriage automatically revokes any previous Will a person may have made.’
Family Law, 7th January 2022
Source: www.familylaw.co.uk
‘Virgin Media has been fined £50,000 for sending marketing emails to customers who had not consented to receiving them, the Information Commissioner’s Office (ICO) said.’
The Independent, 8th December 2021
Source: www.independent.co.uk
‘A Local Authority (Respondent) v JB (by his Litigation Friend, the Official Solicitor) (Appellant) – UKSC 2020/0133 Court of Appeal (Civil Division). The Supreme Court has upheld the Court of Appeal’s decision that to have capacity to engage in sexual relations, a person needs to be able to understand that their sexual partner must have the capacity to consent to the sexual activity and must, in fact, consent before and during the sexual activity.’
UK Human Rights Blog, 26th November 2021
Source: ukhumanrightsblog.com
‘The Supreme Court has upheld a Court of Appeal decision that to have capacity to have sexual relations with another person, a person needs be aware that their partner must have the ability to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’
Local Government Lawyer, 24th November 2021
Source: www.localgovernmentlawyer.co.uk
‘The Respondent commenced proceedings in the Court of Protection seeking declarations under the Mental Capacity Act 2005 as to the Appellant’s capacity to consent to sexual relations. A question arose as to whether the judge should have regard to whether they had capacity to understand that the other person involved must give consent, and did in fact give and maintain consent throughout the act. The judge found that this was not relevant information for the purposes of determining if an individual had capacity to consent to sexual relations under the Act.’
UKSC Blog, 24th November 2021
Source: ukscblog.com
‘In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones, and are then able to access the new spouse’s lifetime savings and inherit their entire estate under the intestacy rules, as marriage automatically revokes any previous Will a person may have made.’
Family Law, 5th November 2021
Source: www.familylaw.co.uk
‘The man who killed Moss was given less than five years in prison, after claiming she consented to being choked. His mitigation? The “rough sex” defence that is no longer supposed to be allowed.’
The Guardian, 2nd November 2021
Source: www.theguardian.com
