‘The Court of Protection has ruled that an 86-year-old woman with dementia should not be either forcibly given a Covid vaccine or deceived into accepting a jab.’
Local Government Lawyer, 20th May 2021
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court has agreed to hear a case on whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’
Local Government Lawyer, 5th May 2021
Source: www.localgovernmentlawyer.co.uk
‘In this post, Kenny Henderson and Alex Askew of CMS preview the appeal being heard over the next two days in the matter of Lloyd v Google LLC, which concerns a claim alleging that the appellant (“Google”) breached its duties as a data controller to over 4m Apple iPhone users during a period of some months in 2011- 2012, when Google was able to collect and use their browser generated information.’
UKSC Blog, 28th April 2021
Source: ukscblog.com
‘On Trans Day of Visibility 2021, trans children in England and Wales may feel a little more visible, after a recent High Court decision confirmed that parents can consent to their children being prescribed puberty blockers and a court application will not normally have to be made.’
Each Other, 31st March 2021
Source: eachother.org.uk
‘A solicitor telling a client that they will deduct up to 25% of damages to cover costs not recovered in a low-value personal injury case amounts to informed consent, a regional costs judge has ruled.’
Litigation Futures, 29th March 2021
Source: www.litigationfutures.com
‘Parents can consent to their child being given puberty blockers without applying for a court’s approval, the High Court has ruled following a case that contested whether under-16s were able to give permission themselves.’
The Independent, 27th March 2021
Source: www.independent.co.uk
‘Afees dispute in a personal injury claim with the potential to affect thousands of similar cases is set to be contested in the Court of Appeal.’
Law Society's Gazette, 24th March 2021
Source: www.lawgazette.co.uk
‘Individuals’ human rights may have been breached in more than 500 cases where “do not resuscitate” decisions were made during the Covid pandemic, the care watchdog for England has said.’
BBC News, 18th March 2021
Source: www.bbc.co.uk
‘A Complainant (“C”) refuses to consent to his GP providing the Crown with medical records. The Defendant (“D”) has requested disclosure of these records, on the understanding that C has a history of prolonged substance abuse and mental health concerns. C has also indicated that he believes information within the records is detrimental to the Crown’s case; hence, his refusal.’
Pump Court Chambers, 25th February 2021
Source: www.pumpcourtchambers.com
‘Why we should replace ‘revenge porn’ with ‘image based sexual abuse’ and reform the mens rea of the Criminal Justice and Courts Act 2015.’
UK Human Rights Blog, 10th March 2021
Source: ukhumanrightsblog.com
‘A High Court judge has rejected a mother’s application, supported by the father, to prevent a local authority from imposing a programme of vaccinations on a child in foster care without their consent.’
Local Government Lawyer, 26th February 2021
Source: www.localgovernmentlawyer.co.uk
‘Proposals to improve protections for victims whose intimate images are taken or shared without their consent have today [26 February 2021] been published by the Law Commission of England and Wales.’
Law Commission, 26th February 2021
Source: www.lawcom.gov.uk/
‘In a judgment handed down on 23 February, Cobb J concluded that a young woman known as HD lacked capacity to engage in sexual relations. He was driven to this conclusion based on the new requirement set out in Re JB that a person with capacity to engage in sexual relations must be able to understand (and retain, use or weigh and communicate) the fact that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’
Doughty Street Chambers, 24th February 2021
Source: insights.doughtystreet.co.uk
‘Following the decision in Re H (A Child: Parental Responsibility: Vaccination), it was clarified that where two parents with parental responsibility disagree as to the proper course of action with respect to vaccination, the court becomes the decision maker through the mechanism of a specific issue order made under s8 of the Children Act 1989.’
Garden Court Chambers, 24th February 2021
Source: www.gardencourtchambers.co.uk
‘The High Court was presented with an application for a declaration of nonrecognition of a Muslim marriage and a petition for nullity. The parties were married in Pakistan under Sharia law in June 2013. The applicant sought to argue, relying on two expert reports, that she did not have capacity to consent to marriage at the time. The court had to consider the issue of her capacity and then consider whether to make a declaration of non-recognition, or alternatively annul the marriage. The High Court refused the applications as it considered, on the facts of this case, the applicant had capacity to consent at the relevant time. The marriage was therefore valid under English law at its formation. Even if he had formed the opposite view, Mr Justice Mostyn made clear the court would still not have made a declaration under the court’s inherent jurisdiction as he was prevented by statute. Tahmina Rahman, barrister at 1GC Family, considers the case.’
1GC: Family Law, 16th February 2021
Source: 1gc.com
‘Mrs E was aged 80 and lived in a care home. She had diagnoses of dementia and schizophrenia.’
Garden Court Chambers, 22nd February 2021
Source: www.gardencourtchambers.co.uk
‘A woman in her early 30s, who has Covid and remains in an induced coma after giving birth to a son, should be allowed to die, against the wishes of her family, a judge has ruled.’
The Guardian, 24th February 2021
Source: www.theguardian.com
‘The High Court has ordered a defunct Manchester law firm which failed to register a restriction against a house at the Land Registry to pay over £985,000 in damages for professional negligence.’
Legal Futures, 15th February 2021
Source: www.legalfutures.co.uk
‘It was just over a month between the first Covid-19 vaccination being administered and the first reported COP decision relating to it. As ever, this decision is fact specific, but there are some important points to take away.’
Pump Court Chambers, 11th February 2021
Source: www.pumpcourtchambers.com
‘On 20 January 2021 in the matter of Re E (Vaccine) [2021] EWCOP 7, the Vice-President of the Court of Protection Mr Justice Hayden, delivered the first reported judgement in a vaccination dispute. Mrs E, the 80 year old dementia sufferer at the centre of the dispute (and who had been diagnosed with schizophrenia some 20 years ago), was living in a care home where there had been several cases of COVID-19. On 8 January 2021, the London Borough of Hammersmith and Fulham informed Mrs E’s Accredited Legal Representative that she was to be offered a COVID-19 injection on 11 January, however her son, Mr W, objected to this. Due to the risk of Mrs E succumbing to COVID-19, her legal representatives urgently sought a declaration, pursuant to s.15 of the Mental Capacity Act 2005 (“MCA 2005”), that it would be lawful and in her best interests to receive the vaccine at the next possible date (the appointment on 11 January having been missed due to the son’s objection).’
Family Law, 3rd February 2021
Source: www.familylaw.co.uk
