‘Updated prosecution guidance, which clarifies the law on when deceiving someone or failing to disclose birth sex could affect consent in rape cases, has been published today by the Crown Prosecution Service.’
Crown Prosecution Service, 13th December 2024
Source: www.cps.gov.uk
‘A 26-year-old woman died after she was subjected to a “frankly barbaric” Brazilian butt lift procedure without giving informed consent, a coroner has ruled.’
The Guardian, 11th December 2024
Source: www.theguardian.com
’39 Essex Chambers barristers Victoria Butler-Cole KC and Francesca Gardner acted for a client, ZX, by his litigation friend the Official Solicitor, in a successful appeal of a decision that ZX lacked capacity to engage in sexual relations.’
39 Essex Chambers, 3rd December 2024
Source: www.39essex.com
‘In EF v Human Fertilisation and Embryology Authority [2024] EWHC 3004 (Fam), EF and his wife AB had undergone fertility treatment in 2017 at a clinic licensed by the Human Fertilisation and Embryology Authority (HFEA), during which an embryo had been created which remains stored by the clinic. Tragically, AB died unexpectedly in childbirth, and she had not signed the necessary consent form for the use of the embryo.’
Law & Religion UK, 26th November 2024
Source: lawandreligionuk.com
‘Winterbotham v Shahrak [2024] EWHC 2633 (KB). In Winterbotham, the Claimant had suffered a partially erupted wisdom tooth for many years, which had caused several episodes of pericoronitis (inflammation of the surrounding gum tissue) with associated pain and discomfort. Because of the lengthy wait for NHS treatment, the Claimant sought private treatment and was referred to the Defendant’s practice.’
Quarterly Medical Law Review, 18th November 2024
Source: 1corqmlr.com
‘For those looking to keep on top of their CPD over the summer, in Episode 204 Emma-Louise Fenelon interviews John Whitting KC and Robert Mills about recent developments in clinical negligence.’
Law Pod UK, 5th August 2024
Source: audioboom.com
‘Alex Ruck Keene KC (Hon) analyses another striking decision from Lieven J.’
Local Government Lawyer, 12th July 2024
Source: www.localgovernmentlawyer.co.uk
‘A recent Court of Protection decision delicately addresses best interests decisions in the context of withdrawing life-sustaining treatment.’
Mills & Reeve, 10th July 2024
Source: www.mills-reeve.com
‘The High Court has concluded that a Local Authority, which holds parental responsibility for a child under the age of 16, has the power to consent to the deprivation of his liberty.’
Local Government Lawyer, 3rd July 2024
Source: www.localgovernmentlawyer.co.uk
‘A surgeon who left patients in “agony” made a number of failures, a tribunal has found.’
BBC News, 2nd July 2024
Source: www.bbc.co.uk
‘In A Local Authority v ZX [2024] EWCOP 30, HHJ Burrows was confronted, to his considerable (and understandable) disquiet, with the need to determine whether an 18 year old man had capacity to make decisions about engaging in sexual relations with others. His discomfort arose from the fact that the local authority was having to have recourse to the Court of Protection to respond to a situation where the man in question was posing a (largely self-reported, but on the face of it non-trivial) sexual threat to others, but whether neither mental health services nor the criminal justice system could respond.’
Mental Capacity Law and Policy, 20th June 2024
‘A man has been jailed for four years and three months in a rare conviction for “stealthing” – taking a condom off during sex without consent.’
The Guardian, 13th June 2024
Source: www.theguardian.com
‘A hospital has paid £3,000 in compensation after failing to follow its own protocol to get consent to take a patient’s DNA.’
BBC News, 5th June 2024
Source: www.bbc.co.uk
‘The Court of Appeal has dismissed appeals brought by a local authority and the Official Solicitor challenging final declarations made by a Court of Protection judge that it was in a young woman’s best interests to cease to be given covert medication, and to leave her current placement to return to live with her mother.’
Local Government Lawyer, 31st May 2024
Source: www.localgovernmentlawyer.co.uk
‘A footballer has been cleared of raping a sleeping woman twice in one night and intending to cause distress by sending naked photos of her to his teammates.’
The Guardian, 21st May 2024
Source: www.theguardian.com
‘Re HC [2024] EWCOP 24 is notable for the approach taken by Victoria Butler-Cole KC (sitting as a Tier 3 Judge) to the question of deprivation of liberty.’
Mental Capacity Law and Policy, 12th May 2024
‘Alex Ruck Keene KC (Hon) looks at a High Court judge’s careful approach to the presumption of capacity in relation to the mother in a case about end of life treatment for one of her twin sons.’
Local Government Lawyer, 10th May 2024
Source: www.localgovernmentlawyer.co.uk
‘Creating a sexually explicit “deepfake” image is to be made an offence under new legislation, the Ministry of Justice has announced..’
The Independent, 16th April 2024
Source: www.independent.co.uk
‘The court of appeal ruled on Monday that the “consent” defence could not be used in the cases of climate activists. Sandra Laville reports.’
The Guardian, 21st March 2024
Source: www.theguardian.com
‘At a hearing in January 2024, Mr Justice Fancourt allowed an appeal from the decision of HHJ Hellman in which the Judge had determined that the Defendant landlord had reasonably withheld its consent to alterations.’
Gatehouse Chambers, 27th February 2024
Source: gatehouselaw.co.uk
