‘Ethan Axelrod and Hayley Trim of Irwin Mitchell look at how vulnerable parents and a legal loophole are being exploited to rob families of their inheritance.’
Family Law, 29th March 2019
Source: www.familylaw.co.uk
‘Online service providers cannot rely on pre-ticked agreements to place ‘cookies’ on the devices of internet users, a legal adviser to the EU’s highest court has said.’
OUT-LAW.com, 25th March 2019
Source: www.out-law.com
‘A mentally-ill man who could die if his badly-infected left foot is not amputated should have the operation against his wishes, a judge has ruled.’
BBC News, 24th March 2019
Source: www.bbc.co.uk
‘The mother of a disabled woman who died after all her teeth were removed says she did not consent to the operation. Rachel Johnston’s family has started a legal claim for negligence, saying medics failed to discuss risks of the treatment she had for tooth decay.’
BBC News, 21st March 2019
Source: www.bbc.co.uk
‘A senior male barrister found to have engaged in “unwanted sexual conduct” towards a woman has been reprimanded and fined £3,000 by a Bar disciplinary tribunal.’
Legal Futures, 18th March 2019
Source: www.legalfutures.co.uk
‘Max Clifford denied “until his death” that he had sexually assaulted young women, a court has heard.’
The Guardian, 12th March 2019
Source: www.theguardian.com
‘Andrew Powell, barrister, 4 Paper Buildings, considers recent developments relating to surrogacy law, including new guidance, as well as recent cases.’
Family Law, 1st March 2019
Source: www.familylawweek.co.uk
‘Doctors should treat a sick 13-month-old girl and give her a “chance” at life against the wishes of her parents, a High Court judge has ruled.’
BBC News, 28th February 2019
Source: www.bbc.co.uk
‘In property law, discretionary powers are common. Such discretionary powers most often confer, on one contracting party, a discretionary power to grant or withhold consent for such things as changes of use, building, or alterations including the grant of consent. They are frequently found in restrictive covenants and in leases and include, for example, “Jervis v Harris” clauses which allow a landlord, during the term of a lease, to enter the demised premises and carry out works to remedy disrepair. The question of how a Court should approach a challenge to the exercise, under a contract, of a discretionary power is an old chestnut.’
Hardwicke Chambers, 15th February 2019
Source: hardwicke.co.uk
‘A body modification artist has admitted three counts of grievous bodily harm, by carrying out tongue splitting and ear and nipple removal procedures.’
BBC News, 12th February 2019
Source: www.bbc.co.uk
‘Rosalind English talks to John Whitting QC of 1 Crown Office Row about Montgomery, informed consent and his response to our earlier episode “Doctor Knows Best”.’
Law Pod UK, 4th February 2019
Source: audioboom.com
‘No-fault divorces that could replace the protracted courtroom battles couples often face when separating are to be introduced into law.’
The Guardian, 8th February 2019
Source: www.theguardian.com
‘With the Christmas holidays just behind us, one of the most common issues that usually arise during that time of the year – between separated parents – is seeking permission to take their child on holiday or to visit family abroad. Gemma Davison an associate at Spratt Endicott, looks at the details.’
Family Law, 5th February 2019
Source: www.familylaw.co.uk
‘Pornography produced by consenting adults engaging in legal acts will no longer be prosecuted under Britain’s historic obscenity laws, the Crown Prosecution Service has said.’
The Guardian, 31st January 2019
Source: www.theguardian.com
‘A father whose ex-partner forged his signature to conceive a daughter has lost a damages action against a London IVF clinic at the court of appeal.’
The Guardian, 17th December 2018
Source: www.theguardian.com
‘A seriously ill 11-month-old girl who has spent her life in hospital should be allowed to die peacefully, a high court judge has ruled.’
The Guardian, 13th December 2018
Source: www.theguardian.com
‘A judge has ruled a man with severe gangrene in his foot will have it amputated against his wishes.’
The Independent, 13th December 2018
Source: www.independent.co.uk
‘The Supreme Court has handed down judgment in the case of MM. This was an appeal against the Court of Appeal’s decision in the Secretary of State for Justice v MM [2017] EWCA Civ 194 (29 March 2017).Both PJ and MM appealed to the Supreme Court but for administrative reasons MM’s appeal was heard first. MM’s appeal has been dismissed.MM was detained under sections 37/41 Mental Health Act (“MHA”) and sought a conditional discharge from hospital to conditions which would objectively give rise to a deprivation of his liberty, to which he had capacity to consent. Although no placement had been identified the First Tier Tribunal (Mental Health) (“the FtT”) was asked whether as a matter of principle it would be lawful to discharge him conditionally on such conditions. The FtT ruled that it could not. At the Upper Tribunal Charles J held that he could give a valid consent to this and as such Article 5 would not be engaged. (A similar issue was in play in Secretary of State v KC [2015] UKUT 0376 (AAC, where Charles J held that the FtT could impose conditions on a discharge that objectively deprived a patient of his or her liberty and that the Court of Protection and/or a decision maker could consent to).’
Doughty Street Chambers, 28th November 2018
Source: insights.doughtystreet.co.uk
‘Mr Justice Hayden has handed down a judgment concerning LC, a young woman with autism and significant learning disabilities. During the course of proceedings which had lasted five years LC was assessed as having capacity to consent to sexual relations, marry, and make decisions about contraception; but to lack the capacity to make other decisions such as to conduct the proceedings, make decisions about her residence and about her contact with men. As a facet of LC’s autism she was preoccupied with seeking out sexual encounters and a care plan was formulated which permitted LC to have unsupervised contact with others. As the judge observed with “the enormous benefit of hindsight” this led to LC’s safety and dignity being compromised and placed an intolerable burden on those supervising her. The plan attracted significant public criticism. LC now resides in a care home but is able to spend time with her husband. In a sensitive judgment Hayden J endorsed LC’s treatment plan and directed a report from a female clinical psychologist, noting the obligation under the Mental Capacity Act to take steps to promote decision making capacity.’
Doughty Street Chambers, 6th November 2018
Source: insights.doughtystreet.co.uk
‘Several large retailers may be breaking data protection rules with their e-receipts, according to an investigation by the consumer body Which?.’
The Guardian, 11th December 2018
Source: www.theguardian.com
