Sexual history evidence: fair game? – Counsel
‘Ali Naseem Bajwa QC and Eva Niculiu examine the issues raised by use of the complainant’s sexual history in the Ched Evans rape retrial.’
Counsel, December 2016
Source: www.counselmagazine.co.uk
Category: consent
Family faces ‘decade of torture’ if bid to withdraw life support from vegetative Gulf War hero fails – Daily Telegraph
‘The family of a Gulf War veteran left in a coma after a road accident say they face a decade of “torture” if their legal bid to remove his life support fails. Lindsey Briggs is campaigning for doctors to allow her husband Paul to “pass away with dignity”, 17 months after he collided head-on with a car using the wrong lane while riding his motorbike.’
Daily Telegraph, 27th November 2016
Source: www.telegraph.co.uk
Cryogenics case not a precedent – Law Society’s Gazette
Posted November 22nd, 2016 in burials and cremation, consent, human rights, human tissue, medical treatment, news by sally
‘A widely publicised family court ruling which had the effect of allowing the freezing of the body of a 14-year-old girl does not set any precedent about the rights and wrongs of cryopreservation, the judge in the case has suggested.’
Law Society’s Gazette, 18th November 2016
Source: www.lawgazette.co.uk
Corporeal freedom after death? – UK Human Rights Blog
‘A great deal has been written about this case but few of the headlines reflect the humanity and sensitivity of the decision, which may not be ground breaking nor precedent setting, but reflects how the law should respond to individual wishes if those play out in a way that cannot harm anyone else. Post-mortem cryonics may have a certain morbid ring, but it is a matter of individual choice, provided the resources are there to pay for it. As the judge observed, it was:
“no surprise that this application is the only one of its kind to have come before the courts in this country, and probably anywhere else. It is an example of the new questions that science poses to the law, perhaps most of all to family law.”‘
UK Human Rights Blog, 20th November 2016
Source: www.ukhumanrightsblog.com
Is There A Human Right To Cryogenically Freeze Your Body? – RightsInfo
Posted November 18th, 2016 in burials and cremation, consent, families, human rights, human tissue, medical treatment, news by sally
‘The mother of a dying girl has been given the right to cryogenically freeze her daughter’s body after her death, in the hope that she will one day be resurrected and cured. What are the human rights implications?’
RightsInfo, 18th November 2016
Source: www.rightsinfo.org
14-year-old girl who died of cancer wins right to be cryogenically frozen – The Guardian
Posted November 18th, 2016 in cancer, children, consent, human tissue, medical treatment, news by sally
‘A 14-year-old girl who said before dying of cancer that she wanted a chance to live longer has been allowed by the high court to have her body cryogenically frozen in the hope that she can be brought back to life at a later time.’
The Guardian, 18th November 2016
Source: www.guardian.co.uk
Will-writer fined £30k after complaints over nuisance calls – Law Society’s Gazette
‘will-writing company which accuses traditional law firms of ‘failing the bereaved’ has been fined £30,000 for making nuisance calls. The Information Commissioner’s Office (ICO) imposed the penalty against Assist Law, based in Weston-super-Mare, Somerset.’
Law Society’s Gazette, 11th November 2016
source: www.lawgazette.co.uk
Dying boy’s parents lose palliative care court fight – BBC News
‘A terminally ill boy should be moved to a palliative care regime proposed by specialists despite his parents’ objections, a judge has ruled.’
BBC News, 4th November 2016
Source: www.bbc.co.uk
Informed consent: Surgeons respond to Montgomery – UK Human Rights Blog
‘On 27 October 2016, the Royal College of Surgeons issued some guidance on obtaining consent in the light of the 2015 Supreme Court decision in Montgomery.’
UK Human Rights Blog, 30th October 2016
Source: www.ukhumanrightsblog.com
Ched Evans’ family may ‘take action’ against Loose Women – BBC News
‘The family of footballer Ched Evans have said they may take legal action after a discussion of his rape acquittal on ITV’s Loose Women.’
BBC News, 18th October 2016
Source: www.bbc.co.uk
We cannot allow the courts to judge rape by sexual history – The Guardian
‘The Ched Evans case threatens women’s right to fair treatment in the courtroom. Battles won may have to be fought again.’
The Guardian, 17th October 2016
Source: www.guardian.co.uk
Speech by Mr Justice Baker: A matter of life or death – Courts and Tribunals Judiciary
‘Oxford Shrieval Lecture on 11 October 2016.’
Courts and Tribunals Judiciary, 14th October 2016
Source: www.judciary.gov.uk
Woman who posed as man to trick friend into sex appeals against sentence – The Guardian
Posted September 21st, 2016 in appeals, consent, news, sentencing, sexual offences, transgender persons by sally
‘Court of appeal will consider Gayle Newland’s legal challenge against eight-year prison term next month.’
The Guardian, 21st September 2016
Source: www.guardian.co.uk
UK woman allowed to use dead daughter’s eggs in US – BBC News
‘A woman wanting to use her dead daughter’s frozen eggs to give birth to her own grandchild is being allowed to export them to the US for treatment.’
BBC News, 9th September 2016
Source: www.bbc.co.uk
Hyperlinking to unauthorised images – EU court reveals all – Technology Law Update
Posted September 12th, 2016 in consent, EC law, intellectual property, internet, news, photography by sally
‘The European court has ruled that commercial hyperlinking to photographs published on a website without the copyright-holder’s consent can be illegal. This is in contrast to the situation where hyperlinks are posted that link to material freely available elsewhere on the web with the copyright-holder’s consent .’
Technology Law Update, 9th September 2016
Source: www.technology-law-blog.co.uk
The need for Parliament’s consent to trigger Art 50 is a matter of EU Law – Halsbury’s Law Exchange
‘Paragraph 1 of Art 50 of the Treaty on European Union, governing voluntary withdrawal of a member state from the EU, reads: “Any member state may decide to withdraw from the Union in accordance with its own constitutional requirements.” This right is followed in the next paragraph by an obligation: “A member state which decides to withdraw shall notify the European Council of its intention.” This contribution addresses a single hypothetical scenario, namely, one in which Theresa May triggers Art 50 without prior parliamentary approval, asking: If she did this, would she be acting illegally? Several legal commentators have now offered answers to this question, the majority in the affirmative, and last month a legal action began by which the claimants wish to enjoin May from so acting. Thus the judges will have the final say. But which judges?’
Halsbury’s Law Exchange, 16th August 2016
Source: www.halsburyslawexchange.co.uk
Threefold rise in number of sex offences in schools reported to police – The Guardian
Posted August 8th, 2016 in charities, consent, education, equality, freedom of information, harassment, inquiries, news, school children, select committees, sexual offences, statistics, young offenders by sally
‘The number of sex offences in schools reported to police has almost trebled in four years, a study has shown.’
The Guardian, 8th August 2016
Source: www.guardian.co.uk
Colm O’Cinneide: Why Parliamentary Approval for the Triggering of Article 50 TEU Should Be Required as a Matter of Constitutional Principle – UK Constitutional Law Association
Posted July 8th, 2016 in consent, constitutional law, EC law, law firms, news, parliament, referendums, royal prerogative by sally
‘The argument that Article 50 of the Treaty on European Union (TEU) cannot be lawfully triggered without the consent of Parliament has generated plenty of excited discussion over the last week, both in specialist legal circles and in the wider world. The announcement by Mishcon de Reya that that legal action was pending to ‘ensure the UK Government will not trigger the procedure for withdrawal from the EU without an Act of Parliament’ has brought this debate to boiling point. Some commentators have talked excitedly about a ‘legal dream team… launching a last gasp legal bid to preserve Britain’s European Union membership’. In response, there has been a visceral backlash in pro-Leave ranks against what they see as an attempt by conniving lawyers to thwart the will of the people. The front page of the Daily Express on 4 July 2016 led with the banner headline ’Top Lawyers in Threat to Referendum Vote & Democracy’, going on to warn about ‘outrage and rioting on the streets’. Similarly, Professor Frank Furedi commenting on Twitter described the proposed legal action as nothing less than an ‘authoritarian attempt at a “legal” coup’, with Brendan O’Neill indulging in similar hysteria in the Spectator.’
UK Constitutional Law Association, 7th July 2016
Source: www.ukconstitutionallaw.org
Agoraphobic can be sedated and taken from home to undergo eye surgery, judge rules – Daily Telegraph
Posted July 8th, 2016 in consent, Court of Protection, disabled persons, medical treatment, news, restraint by sally
‘An agoraphobic woman can be sedated and taken from the home she has hardly left for many years so doctors can perform an eye operation, a judge has ruled.’
Daily Telegraph, 7th July 2016
Source: www.telegraph.co.uk
Fertility regulator wrongfully denied consent for mother’s surrogacy – UK Human Rights Blog
‘The Court of Appeal has ruled that a 60 year old woman may use her daughter’s frozen eggs to give birth to her own grandchild. Her daughter, referred to as A in the judgment, died of cancer at the age of 28 in 2011. The High Court had dismissed M’s argument that the HFEA had acted unlawfully by refusing to allow the eggs to be exported to a fertility clinic in the United States where an embryo would be created using donor sperm, and implanted in the mother.’
UK Human Rights Blog, 1st July 2016
Source: www.ukhumanrightsblog.com
