‘A series of high-profile cases have highlighted the difficulty faced by the courts when presented with chronically ill children who have exhausted their options for medical treatment in the UK, and whose parents or carers wish to take them abroad to seek further treatment.’
Park Square Barristers, 8th October 2019
Source: www.parksquarebarristers.co.uk
‘On 2 October 2019, the Court of Appeal, in a unanimous judgment given by Sir Geoffrey Vos, Chancellor of the High Court, upheld the Claimant’s appeal in the case of Richard Lloyd v Google LLC [2019] EWCA Civ 1599. The Court of Appeal reversed the decision of the court below and gave Mr Lloyd permission to serve Google LLC outside the jurisdiction (in the US), enabling him to proceed with his representative action. The class he represents is composed of an estimated 4 million Apple iPhone users. Any substantive judgment will prove interesting in demonstrating the role of representative and group actions in the space of consumer rights at the intersection of tech and information rights. Google LLC, however, has confirmed that it intends to appeal this procedural point to the Supreme Court.’
Henderson Chambers, 7th October 2019
Source: www.hendersonchambers.co.uk
‘The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent to that course. There was no reason to imply into the relevant rule giving the court power to order ENE any limitation based on the parties’ consent: Lomax v Lomax [2019] EWCA Civ 1467.’
Family Law, 21st October 2019
Source: www.familylaw.co.uk
‘Rules that mean some victims of childhood sex abuse are denied compensation must be changed, MPs have told the Victoria Derbyshire programme.’
BBC News, 23rd October 2019
Source: www.bbc.co.uk
‘Georgina Dalton rounds up the latest children law cases, including rulings on improvements to parents’ situations, unfair judicial pressure, and deprivations of liberty of 16-17 year olds.’
Local Government Lawyer, 18th October 2019
Source: www.localgovernmentlawyer.co.uk
‘The focus of this case is whether the confinement of a young person aged 16-17 years-old, found not to be Gillick (Gillick v West Norfolk and Wisbech AHA House of Lords [1986]) competent, amounted to a deprivation of his liberty where his parents had consented to such confinement.’
Family Law, 20th October 2019
Source: www.familylaw.co.uk
‘The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent to that course. There was no reason to imply into the relevant rule giving the court power to order ENE any limitation based on the parties’ consent: Lomax v Lomax [2019] EWCA Civ 1467.’
Family Law, 21st October 2019
Source: www.familylaw.co.uk
‘Legal advice privilege (LAP) attaching to communications between a company and its lawyers survives the dissolution of the company, even if the Crown has disclaimed all interest in its former property, the Court of Appeal has ruled.’
Legal Futures, 7th October 2019
Source: www.legalfutures.co.uk
‘The court of protection has ruled that a man who cannot understand the issue of consent must be allowed to pursue sexual relationships.’
The Guardian, 3rd October 2019
Source: www.theguardian.com
‘The Supreme Court, by a majority of three to two, has held, in D (A Child) [2019] UKSC 42, a case concerning a young person lacking mental capacity, that there is no scope for the operation of parental responsibility to authorise what would otherwise be a violation of a fundamental human right of a child, that is his liberty.’
Family Law Week, 26th September 2019
Source: www.familylawweek.co.uk
‘Thousands of reports of rape allegations have been inaccurately recorded by the police over the past three years and in some cases never appeared in official figures, the Guardian can reveal.’
The Guardian, 19th September 2019
Source: www.theguardian.com
‘A man found guilty of rape after lying about having had a vasectomy is appealing against the convictions.’
BBC News, 19th September 2019
Source: www.bbc.co.uk
‘Data privacy campaign groups and Labour have expressed alarm after it emerged Downing Street has ordered departments to centralise the collection and analysis of user information from the government’s main public information website ahead of Brexit.’
The Guardian, 10th September 2019
Source: www.theguardian.com
‘An NHS trust has been criticised for arguing that the family of a seriously ill five-year-old girl are incapable of acting in her best interests because of their Islamic religious beliefs.’
The Guardian, 6th September 2019
Source: www.theguardian.com
‘Every year, there are a handful of applications to the Court of Protection to authorise delivery a baby by caesarean section against the wishes of the mother, or where the mother is unable to express a preference due to significant mental impairment. Since the case of FG in 2014 (NHS Trust & Ors v FG [2014] EWCOP 30), the guidance given to medical practitioners has been that a court application is required where a c-section is proposed but the merits are finely balanced or will involve more than transient forcible restraint; where there is a serious dispute about the patient’s best interests; or where there is a real risk that the proposed treatment constitutes a deprivation of the patient’s liberty.’
Transparency Project, 2nd September 2019
Source: www.transparencyproject.org.uk
‘Requiring parties to submit to early neutral evaluation (ENE) against their will is “not an obstruction to or constraint on” their access to the court, the Court of Appeal has ruled.’
Litigation Futures, 21st August 2019
Source: www.litigationfutures.com
‘A court has the power to order early neutral evaluation (ENE) even though one party has not consented to it, the Court of Appeal has ruled.’
Litigation Futures, 9th August 2019
Source: www.litigationfutures.com
‘Alex Ruck Keene analyses the latest Court of Protection ruling on capacity and sexual relations.’
Local Government Lawyer, 19th July 2019
Source: www.localgovernmentlawyer.co.uk
‘The intimate life of a woman, who is known to the public only by the initials NB, is the subject of a case in the Court of Protection which attracted headlines earlier this year. A further judgment has recently been published, following an interim judgment published in May.’
Transparency Project, 23rd July 2019
Source: www.transparencyproject.org.uk
‘A woman with a brain tumour should have chemotherapy despite “wanting to die”, a judge has decided.’
The Independent, 17th July 2019
Source: www.independent.co.uk
