Consensual adoption – PLWG Best Practice: A Guide – Local Government Lawyer

Posted March 20th, 2025 in adoption, children, consent, families, local government, news by tracey

‘Avaia Williams examines the Public Law Working Group’s recommendations on adoption by consent.’

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Local Government Lawyer, 19th March 2025

Source: www.localgovernmentlawyer.co.uk

‘I Want to Relinquish my Child for Adoption; Does the Father or my Family Have to Know?’ – Becket Chambers

‘This article will cover the relevant case law for a mother wishing to dispense with the duty to notify the father and/or wider family of a child’s birth and will explore instances where the mother alleges domestic abuse, familial breakdown or significant cultural/religious factors which influence her decision. There are a plethora of reasons for wishing to retain anonymity, and this article is non-exhaustive.’

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Becket Chambers, 11th March 2025

Source: becket-chambers.co.uk

Gambling with Consent: Free, Specific, and Informed Consent in Data Protection Law – UK Human Rights Blog

Posted March 5th, 2025 in consent, damages, data protection, gambling, human rights, news, privacy by tracey

‘In RTM v Bonne Terre Ltd [2025] EWHC 111 (KB), the High Court considered claims brought in data protection and the tort of misuse of private information. The Claimant described himself as a “recovering online gambling addict” [1]. He sought damages for harm, distress and financial loss, and a declaration that his rights under data protection legislation had been infringed, from the Defendant, who operate Sky Betting and Gaming (SBG). The relevant period of the Claimant’s gambling for the claim against SBG (restricted by limitation periods) was 2017 until the end of 2018 or the start of 2019 [15]. The Claimant’s case was that SBG harvested his data using cookies without his consent. SBG the processed his personal data for marketing purposes without lawful basis, and targeted him through direct marketing emails (also without his consent) sent on average twice a day [68]. Consequently, he alleged he suffered substantial losses. Despite the claim having started in an almost inquisitorial fashion, with the Claimant undertaking a broad investigation into gambling laws when recovering from his addiction, the narrow issue at trial was “what, if anything, [the Claimant] consented to in the marketing part of the operation” [77].’

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UK Human Rights Blog, 5th March 2025

Source: ukhumanrightsblog.com

High Court rejects application by teenage boy to return to UK from boarding school in Ghana – Local Government Lawyer

Posted March 4th, 2025 in children, consent, education, families, gangs, Ghana, news, parental responsibility by tracey

‘A High Court judge has rejected an application brought by a 14-year-old boy to make himself a ward of the High Court and for an order that he be returned to the jurisdiction of England and Wales from the Republic of Ghana, where he has been living as a boarding school pupil and with extended family.’

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Local Government Lawyer, 3rd March 2025

Source: www.localgovernmentlawyer.co.uk

Anorexia, the Court of Protection and the changing calculus of decision-making – Mental Capacity Law and Policy

Posted March 3rd, 2025 in consent, Court of Protection, medical treatment, mental health, news by sally

‘When and under what circumstances it is legitimate not to treat those with anorexia is a very contentious topic, and is under particular scrutiny at the moment in the context of the Terminally Ill Adults (End of Life) Bill, with very heated arguments as to whether anorexia does, or does not, fall within the scope of the Bill. In the context of the Bill Committee’s debates, there has been much discussion of whether and under what circumstances the Court of Protection will endorse compulsory feeding.’

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Mental Capacity Law and Policy, 1st March 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Son loses case against parents over move to Africa – BBC News

Posted February 28th, 2025 in children, consent, education, families, gangs, Ghana, news, parental responsibility by Lily

‘A 14-year-old boy has lost a court case he brought against his own parents after they moved him from London to Ghana to go to boarding school.’

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BBC News, 27th February 2025

Source: www.bbc.co.uk

Supreme court judges reject Reeves’ motor finance intervention – The Guardian

‘Rachel Reeves was dealt a fresh blow on Monday when her attempt to intervene in a high-profile supreme court case and curb a potential £44bn bill for lenders caught up in the car loan commissions scandal was rejected. Judges at the supreme court rejected the chancellor’s application, lodged last month, in which she urged them to avoid handing “windfall” compensation to borrowers harmed by allegedly secret commission payouts to car dealers that arranged the loans.’

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The Guardian, 17th February 2025

Source: www.theguardian.com

Capacity, insight and professional cultures – an important new decision from the Court of Protection – Mental Capacity Law and Policy

Posted February 13th, 2025 in consent, Court of Protection, disabled persons, mental health, news by sally

‘CT v London Borough of Lambeth & Anor [2025] EWCOP 6 (T3) is in many ways the companion piece to Re Thirumalesh (Dec’d) [2024] EWCA Civ 896). In the latter case, the Court of Appeal made clear that the fact that a person appeared not to believe information that they were being told could not be used as a shortcut to reach the conclusion that they lacked capacity to make the relevant decision.’

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Mental Capacity Law and Policy, 13th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Children’s Capacity Report – February 2025 – 39 Essex Chambers

‘In the Children’s Capacity Report: deprivation of liberty before the courts and Parliament, when capacitous consent is not enough, and best interests and the clinical circling of the wagons.’

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39 Essex Chambers, 1st February 2025

Source: www.39essex.com

Autonomy and assisted dying / suicide – an important judicial light shed from an unexpected corner – Mental Capacity Law and Policy

Posted February 5th, 2025 in assisted suicide, bills, consent, electronic commerce, gambling, news by sally

‘Individual decision-making and its complexities was very much in the spotlight this week in the context of the oral evidence sessions held by the Public Bill Committee considering the Terminally Ill Adults (End of Life) Bill. The decision of Collins Rice in ‘RTM’ v Bonne Terre Ltd [2025] EWHC 111 (KB), handed down on 23 January 2025, is an important reminder of just how complex the idea of autonomy is in real life.’

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Mental Capacity Law and Policy, 2nd February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Treasury seeks to intervene in Supreme Court motor finance case – Legal Futures

‘The government has applied to intervene in the Supreme Court hearing on motor finance, expressing concern that the Court of Appeal ruling could have a significant and potentially damaging impact on the market.’

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Legal Futures, 22nd January 2025

Source: www.legalfutures.co.uk

Financial Remedies – Consent Orders – 33 Bedford Row

‘Financial Remedies – obtaining approval of a consent order”

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33 Bedford Row, 18th December 2024

Source: www.33bedfordrow.co.uk

Young persons’ consent for cross-sex hormone treatment – UK Human Rights Blog

‘O v P and Q [2024] EWCA Civ 1577. (Jeremy Hyam KC and Alasdair Henderson of 1 Crown Office Row represented the mother in this case)
This was an appeal from a decision in the Divisional Court by Judd J in April 2024. The case raises a question at the core of the transgender debate involving young people: consent.’

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UK Human Rights Blog, 1st January 2025

Source: ukhumanrightsblog.com

Prosecutors publish updated ‘deception as to sex’ guidance – Crown Prosecution Service

‘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.’

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Crown Prosecution Service, 13th December 2024

Source: www.cps.gov.uk

Woman who died after ‘butt lift’ surgery did not give informed consent, Bolton coroner rules – The Guardian

Posted December 12th, 2024 in consent, cosmetic surgery, inquests, news by sally

‘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.’

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The Guardian, 11th December 2024

Source: www.theguardian.com

Capacity in Sexual Relations: Court of Appeal Overturns Decision in ZX Case – 39 Essex Chambers

’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.’

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39 Essex Chambers, 3rd December 2024

Source: www.39essex.com

Balancing consent, religious beliefs, and human rights in posthumous embryo use: EF – Law & Religion UK

Posted November 26th, 2024 in bereavement, consent, embryology, human rights, human tissue, married persons, news, surrogacy by tracey

‘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.’

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Law & Religion UK, 26th November 2024

Source: lawandreligionuk.com

Extracting Informed Consent – Quarterly Medical Law Review

Posted November 19th, 2024 in causation, chambers articles, consent, dentists, medical treatment, news by tracey

‘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.’

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Quarterly Medical Law Review, 18th November 2024

Source: 1corqmlr.com

3 Essential Clinical Negligence Updates – Law Pod UK

‘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.’

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Law Pod UK, 5th August 2024

Source: audioboom.com

Local authorities, care orders and consent to confinement – Local Government Lawyer

‘Alex Ruck Keene KC (Hon) analyses another striking decision from Lieven J.’

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Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk