Capacity to consent to marriage, nullity and declarations under the inherent jurisdiction considered (NB v MI) – 1GC: Family Law

Posted February 25th, 2021 in consent, family courts, islamic law, jurisdiction, marriage, news by sally

‘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.’

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1GC: Family Law, 16th February 2021

Source: 1gc.com

Capacity and best interests in relation to Covid-19 Vaccination – Garden Court Chambers

‘Mrs E was aged 80 and lived in a care home. She had diagnoses of dementia and schizophrenia.’

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Garden Court Chambers, 22nd February 2021

Source: www.gardencourtchambers.co.uk

Woman with Covid should be allowed to die weeks after giving birth, judge rules – The Guardian

Posted February 25th, 2021 in birth, consent, coronavirus, families, medical treatment, news by sally

‘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.’

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The Guardian, 24th February 2021

Source: www.theguardian.com

Law firm ordered to pay £1m for registration error – Legal Futures

‘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.’

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Legal Futures, 15th February 2021

Source: www.legalfutures.co.uk

Re E [2021] EWCOP 7 – The COVID-19 Vaccine & Capacity – Pump Court Chambers

‘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.’

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Pump Court Chambers, 11th February 2021

Source: www.pumpcourtchambers.com

COVID-19 vaccination: capacity and best interests – the first reported Court of Protection judgement – Family Law

‘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).’

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Family Law, 3rd February 2021

Source: www.familylaw.co.uk

Bristol: Brain-damaged baby dies after life support ruling – BBC News

Posted February 2nd, 2021 in birth, consent, hospitals, medical treatment, news, parental responsibility, paternity by sally

‘A brain-damaged baby has died days after a judge ruled that doctors could stop providing life-support treatment.’

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BBC News, 1st February 2021

Source: www.bbc.co.uk

Barrister suspended for “sexual” touching without consent – Legal Futures

Posted January 27th, 2021 in barristers, consent, disciplinary procedures, harassment, news, sexual offences, women by sally

‘A barrister who touched two individuals sexually has been suspended from practice for three months by a Bar disciplinary tribunal.’

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Legal Futures, 26th January 2021

Source: www.legalfutures.co.uk

Is it a single dwelling? Determination of breach not required where shop converted to multiple flats in breach of lease – Hardwicke Chambers

‘David Peachey was recently successful in Zash Properties Limited v Landau Medical Consultancy Limited (County Court, HHJ Johns QC), which dealt with the conversion of a shop into two studio flats in breach of lease. The case raises interesting points about whether a determination of breach is required prior to the service of s.146 notices in respect of headleases of multiple dwellings, and whether it is reasonable for a landlord to refuse consent for change of use from commercial to residential use because of the statutory rights applicable to residential long leases.’

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Hardwicke Chambers, 18th January 2021

Source: hardwicke.co.uk

High court grants leave to appeal to UK gender identity service – The Guardian

Posted January 21st, 2021 in appeals, consent, gender, medical treatment, news, transgender persons, young persons by sally

‘An NHS trust has been allowed to appeal against a high court decision that barred it from referring under-16s for puberty-blocking treatment.’

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The Guardian, 19th January 2021

Source: www.theguardian.com

Childhood vaccination disputes – where does the law stand in public and private law proceedings? – Family Law

‘As the vaccinations against COVID-19 begin to be administered, it is worth revisiting recent judicial approaches in vaccination disputes concerning children in both public and private law proceedings.’

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Family Law, 6th January 2021

Source: www.familylaw.co.uk

Puberty Blocking — can a child consent? – UK Human Rights Blog

‘A case about medical treatment for children experiencing gender dysphoria is bound to evoke strong feelings. So, in early October, when the parties in R (on the application of Quincy Bell and A v Tavistock and Portman NHS Trust and others arrived for the hearing at the Royal Courts of Justice, they found a buzz of press photographers and a throng of campaigners with placards.’

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UK Human Rights Blog, 4th December 2020

Source: ukhumanrightsblog.com

Covid-19: Do not resuscitate orders may have been used without consent – BBC News

Posted December 3rd, 2020 in consent, coronavirus, hospitals, medical treatment, news by tracey

‘Doctors may have made decisions about “do not resuscitate orders” without consent in the first wave of the pandemic, the care watchdog has warned. The Care Quality Commission said it saw a jump in complaints about such DNR orders between March and September.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

Puberty blockers: under-16s ‘unlikely to be able to give informed consent’ – The Guardian

‘Children under the age of 16 considering gender reassignment are unlikely to be mature enough to give informed consent to be prescribed puberty-blocking drugs, the high court has ruled.’

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The Guardian, 1st December 2020

Source: www.theguardian.com

A Costly Lesson? A discussion of the decision in Belsner v Cam Legal Services Limited [2020] EWHC 2755 (QB) – Parklane Plowden Chambers

‘Lavender J has held that solicitors cannot rely upon CPR 46.9(2) to recover more from a client than could have been recovered between parties in the proceedings, unless they can show that the client provided informed consent. The decision potentially has far-reaching consequences for the use of conditional fee agreements (“CFAs”).’

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Parklane Plowden Chambers, 20th November 2020

Source: www.parklaneplowden.co.uk

A non-sexually motivated sexual assault?: GMC v Haris [2020] EWHC 2518 (Admin) – 2 Hare Court

‘Dr Haris faced allegations from two patients that he had conducted non-clinically indicated, intimate examinations without consent. He asserted forcefully that the alleged conduct simply never happened – and also called additional evidence to support his position that he was asexual.’

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2 Hare Court, 5th November 2020

Source: www.2harecourt.com

Consent and fertility – 2 Hare Court

Posted November 17th, 2020 in consent, deceit, news, pregnancy, rape by sally

‘This judgment, handed down in July 2020, examines the limitations of the meaning of consent within s.74 Sexual Offences Act 2003. It held that a man’s lie about his fertility should not be deemed to be so closely connected to the nature or purpose of sexual intercourse that it is capable of negating consent.’

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2 Hare Court, 2nd November 2020

Source: www.2harecourt.com

Rough sex excuse in women’s deaths is variation of ‘crime of passion’ – study – The Guardian

‘Men who kill women are increasingly using the “sex game gone wrong” excuse as a contemporary variation on the traditional crime of passion defence, research has found.’

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The Guardian, 10th November 2020

Source: www.theguardian.com

Belsner v Cam Legal Services: An important clarification – What information a solicitor should provide to a client concerning likely costs that may be recovered from the opponent – Hardwicke Chambers

Posted November 10th, 2020 in consent, costs, fees, news, personal injuries, small claims, solicitors by sally

‘The High Court has handed down judgment in Belsner v Cam Legal Services which provides important clarification in respect of what information a solicitor should provide to a client in relation to the likely costs that might be recovered from the opponent.’

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Hardwicke Chambers, 16th October 2020

Source: hardwicke.co.uk

Belsner v Cam Legal Services Ltd – Hailsham Chambers

‘In Belsner v Cam Legal Services Ltd [2020] EWHC 2755, Lavender J (“the Judge”) has held that a client (“C”) did not give informed consent to the recovery from her of a sum by her solicitors (“solicitor”) over and above the costs recovered from the defendant in litigation (“D”). As a result, the solicitors were limited to the fixed costs which they recovered from D.’

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Hailsham Chambers, 23rd October 2020

Source: www.hailshamchambers.com