Fertile ground – New Law Journal
‘Kirstie Gibson considers the court’s approach to the acquisition of parenthood.’
New Law Journal, 13th November 2015
Source: www.newlawjournal.co.uk
Category: consent
DNR order ‘violated disabled man’s human rights’ – BBC News
Posted November 16th, 2015 in consent, disabled persons, human rights, learning difficulties, medical records, news by sally
‘A ‘do not resuscitate’ (DNR) order put on a disabled man’s records without consulting his mother breached his human rights, the High Court has ruled.’
BBC News, 13th November 2015
Source: www.bbc.co.uk
“… this can no longer be tolerated”: a short guide to the correct use of section 20, Children Act 1989 – Family Law Week
Posted November 11th, 2015 in adoption, children, codes of practice, consent, jurisdiction, local government, news, parental responsibility, social services by sally
‘Alex Laing, barrister of Coram Chambers, concludes his review of N (Children) (Adoption: Jurisdiction) by considering what the President said about section 20 agreements.’
Family Law Week, 11th November 2015
source: www.familylawweek.co.uk
Debt advice firm that made 1m unsolicited calls fined £120,000 – The Guardian
Posted November 11th, 2015 in advertising, complaints, consent, consumer protection, debts, fines, news, ombudsmen, telecommunications by sally
‘A company that made more than1m unsolicited calls in a month offering to write off people’s debts has been fined £120,000 by a government watchdog.’
The Guardian, 10th November 2015
Source: www.guardian.co.uk
Daily Mail owners challenge damages award to Paul Weller over photos of singer’s children – The Independent
Posted October 28th, 2015 in children, consent, damages, freedom of expression, human rights, intellectual property, media, news, photography, privacy by sally
‘The media’s right to publish images of the children of celebrities when they are out in public has re-emerged after the owners of the Daily Mail challenged an award of £10,000 in privacy damages to singer Paul Weller last year.’
The Independent, 27th October 2015
Source: www.independent.co.uk
FGM: reporting of cases among children becomes mandatory – The Guardian
Posted October 21st, 2015 in child abuse, children, confidentiality, consent, data protection, disclosure, doctors, female genital mutilation, news, nurses, social services, statistics, teachers by sally
‘A duty on all teachers, doctors, nurses and social workers to report child cases of female genital mutilation (FGM) to the police will come into force next week.’
The Guardian, 20th October 2015
Source: www.guardian.co.uk
Woman GP who caned tycoon lover in ’50 Shades of Grey sex game’ cleared of assault – Daily Telegraph
‘Elvira Blakemore, whose lover called 999 after being left bleeding after spanking session, is acquitted by jury at Croydon Crown Court after only 15 minutes.’
Daily Telegraph, 17th October 2015
Source: www.telegraph.co.uk
Court of Protection upholds the right of a confused, lonely man to refuse treatment – UK Human Rights Blog
Posted October 16th, 2015 in consent, Court of Protection, medical treatment, mental health, news by sally
‘The Court of Protection has recently ruled that a mentally incapacitated adult could refuse a life saving amputation. This is an important judgement that respects an individual’s right to autonomy despite overwhelming medical evidence that it might be in his best interests to override his wishes. The judge declined to define the 73 year old man at the centre of this case by reference to his mental illness, but rather recognised his core quality is his “fierce independence” which, he accepted, was what Mr B saw as under attack.’
UK Human Rights Blog, 13th October 2015
Source: www.ukhumanrightsblog.com
Parents’ wish to treat child’s cancer with Chinese medicine overruled by Family Court – UK Human Rights Blog
Posted October 12th, 2015 in cancer, children, consent, EC law, human rights, jurisdiction, legal aid, medical treatment, medicines, news by sally
‘JM (a child), Re [2015] EWHC 2832 (Fam), 7 October 2015. Mostyn J, ruling in the Family Division that a child should receive surgical treatment for bone cancer against the wishes of his parents, has referred to Ian McEwan’s “excellent” novel The Children Act (Jonathan Cape 2014), which is about a 17 year old Jehovah’s Witness refusing a blood transfusion. The judge noted however that the book was in fact “incorrectly titled.” ‘
UK Human Rights Blog, 11th October 2015
Source: www.ukhumanrightsblog.com
In re Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H) – WLR Daily
Posted October 8th, 2015 in assisted reproduction, consent, documents, law reports, medical treatment, parental responsibility by sally
‘Although directions given by the Human Fertilisation and Embryology Authority (“HFEA”) from time to time in accordance with its statutory powers had at all material times required that any consent required under sections 37(1) and 44(1) of the Human Fertilisation and Embryology Act 2008 “must” be recorded in a specified form, the court could (i) act on parol evidence to establish that forms which could not be found were in fact properly completed and signed before treatment began, and (ii) correct mistakes in the forms either by rectification where the requirements for that remedy were satisfied, or where the mistake was obvious on the face of the document, by a process of construction without the need for rectification.’
WLR Daily, 11th September 2015
Source: www.iclr.co.uk
Privacy groups hail ‘freedom from surveillance’ in European court’s Facebook ruling – The Guardian
‘Private industry was in a rage while privacy groups were elated on Tuesday over a new ruling by the European Court of Justice (ECJ) affirming European citizens’ right to privacy from American tech companies.’
The Guardian, 6th October 2015
Source: www.guardian.co.uk
Legal Parenthood: Modern Problems, Old Solutions – A review of The HFEA (A and Others) [2015] EWHC 2602 – Family Law Week
‘Deirdre Fottrell QC, 1 Garden Court Chambers, and Jemma Dally, Partner, Goodman Ray LLP, explain the factual background and legal issues involved in the President’s recent judgment in The Matter of the HFEA (A and Others)’
Family Law Week, 28th September 2015
Source: www.familylawweek.co.uk
Judge rejects call to give life-saving treatment against opposition of patient – Local Government Lawyer
‘A Court of Protection judge has ruled that it would be unlawful for an NHS trust to carry out life-saving treatment against the patient’s opposition.’
Full story
Local Government Lawyer, 1st October 2015
Source: www.localgovernmentlawyer.co.uk
Sexual consent is simple. We should all be clear what constitutes rape – The Guardian
Posted September 28th, 2015 in consent, Crown Prosecution Service, news, prosecutions, rape, sexual offences, victims by sally
‘A new CPS campaign focuses on cases where two adults know each other, and attempts to debunk some of the myths around sex offences.’
The Guardian, 23rd September 2015
Source: www.guardian.co.uk
Donating embryos for medical research–a human rights minefield – Halsbury’s Law Exchange
Posted September 25th, 2015 in consent, EC law, embryology, human rights, Italy, jurisdiction, news, privacy, proportionality by sally
‘The case of Parrilo v Italy [2015] ECHR 755, decided by the Grand Chamber of the ECt.HR (16-1), that Italian legislation banning the donation of embryos obtained by IVF for scientific research was within Italy’s margin of appreciation and thus was not in breach of the applicant’s (Ms Parillo) right to private life and autonomy under Article 8 of the ECHR.’
Halsbury’s Law Exchange, 24th September 2015
Source: www.halsburyslawexchange.co.uk
Women who can’t remember night before should speak to rape counsellor, says DPP – Daily Telegraph
‘Alison Saunders, the head of the Crown Prosecution Service, urges women who wake up in a man’s bed with no recollection of what happened to them to seek professional advice.’
Daily Telegraph, 22nd September 2015
Source: www.telegraph.co.uk
Couple win £20k damages in landmark childcare case – Law Society’s Gazette
Posted September 22nd, 2015 in children, consent, damages, human rights, news, social services by sally
‘A couple whose children were unlawfully removed by a local authority have been awarded £10,000 each in damages for a breach of their right to a family life.’
Law Society’s Gazette, 21st September 2015
Source: www.lawgazette.co.uk
“Widespread incompetence” of fertility regulator and clinics lamented by President of Family Division – UK Human Rights Blog
Posted September 15th, 2015 in assisted reproduction, consent, human rights, news, parental responsibility by sally
‘A and others (In the matter of the Human Fertilisation and Embryology Act 2008).
This case is best summed up in Sir James Munby’s own words: “This judgment relates to a number of cases where much joy but also, sadly, much misery has been caused by the medical brilliance, unhappily allied with the administrative incompetence, of various fertility clinics. The cases I have before me are, there is every reason to fear, only the small tip of a much larger problem.” ‘
UK Human Rights Blog, 11th September 2015
Source: www.ukhumanrightsblog.com
Campaigners call for revenge porn victims to be given anonymity – The Guardian
Posted September 7th, 2015 in anonymity, consent, internet, news, pornography, privacy, sexual offences, victims by sally
‘Campaign groups have called on the government to grant anonymity to revenge porn victims amid concern publicity surrounding convictions only causes more people to search for explicit images.’
The Guardian, 6th September 2015
Source: www.guardian.co.uk
Surrogacy in the UK vs Surrogacy Abroad – entirely different, or one and the same? – Family Law Week
‘Nicola Scott, fertility lawyer at Porter Dodson LLP, considers those issues that often arise in UK surrogacy arrangements.’
Full story
Family Law Week, 4th August 2015
Source: www.familylawweek.co.uk
