‘A former drama teacher who fathered a child during an affair, which began when the girl was a pupil, has been jailed for 12 months, despite a plea from his wife for leniency.’
The Guardian, 20th January 2015
Source: www.guardian.co.uk
‘In this update Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on the applicable procedure for cases in which urgent and serious medical treatment is required.’
Family Law Week, 16th January 2015
Source: www.familylawweek.co.uk
‘Bangladeshi man claims he has right under his culture to have sex with wife, who has mental age of a child, whenever he pleases and she has no right to refuse.’
Full story
Daily Telegraph, 17th December 2014
Source: www.telegraph.co.uk
‘A high court judge has ruled that the son of two devout Jehovah’s Witnesses can be given a blood transfusion despite religious objections from his parents.’
The Guardian, 8th December 2014
Source: www.guardian.co.uk
‘A person consenting to the registration of a trade mark for the purposes of article 4(5) of Parliament and Council Directive 2008/95/EC must unequivocally demonstrate his intention to renounce his rights. An express statement of consent would satisfy that requirement.’
WLR Daily, 1st December 2014
Source: www.iclr.co.uk
‘Police watchdog reveals how police wrongly presumed a rape victim must have “consented” to sex.’
Daily Telegraph, 18th November 2014
Source: www.telegraph.co.uk
‘Rape, as everyone knows, is having penetrative sexual activity with someone without that person’s consent and the defendant not reasonably believing that that person is consenting.’
Full story
Halsbury’s Law Exchange, 24th October 2014
Source: www.halsburyslawexchange.co.uk
‘Revenge pornography – sharing sexually explicit images of former partners without their consent – is to become a criminal offence punishable by up to two years in prison.’
The Guardian, 12th October 2014
Source: www.guardian.co.uk
‘Britons must accept a greater loss of digital freedoms in return for greater safety from serious criminals and terrorists in the internet age, according to the country’s top law enforcement officer.’
The Guardian, 7th October 2014
Source: www.guardian.co.uk
NHS Trust 1 and another v FG [2014] EWCOP 30; [2014] WLR (D) 384
‘Where a person lacked capacity to consent to proposed obstetric treatment, an NHS trust should make an application to the court: (1) where medical intervention proposed in the delivery of a baby amounted to serious medical treatment; (2) where there was a real risk of possible use of more than transient forcible restraint; (3) where there was a serious dispute as to what obstetric care was in the person’s best interests; and (4) where the proposed obstetric care and/or the proposed measures used to facilitate it would amount to a deprivation of liberty. That guidance was not intended to restrict the cases where trusts made an application to the court to only those cases which fell within those categories; it had always to remain open to trusts to make an application to the court if the individual circumstances of the case justified it.’
WLR Daily, 28th August 2014
Source: www.iclr.co.uk
In re P (A Child) (Adoption: Step-Parent’s Application); [2014] EWCA Civ 1174; [2014] WLR (D) 381
‘In an adoption application, the key to the approach both to evaluating the needs of a child’s welfare throughout his or her life and to dispensing with parental consent was proportionality. Although the same statutory provisions in respect of welfare and consent, namely sections 1 and 52 of the Adoption and Children Act 2002, applied to an application to adopt by a step-parent, a distinction was to be drawn between adoption in the context of compulsory and permanent placement outside the family against the wishes of the child’s parents, and a step-parent adoption where the child was remaining in the care of one or other of his parents.’
WLR Daily, 15th August 2014
Source: www.iclr.co.uk
‘In this update Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on developments in the law concerning capacity to consent to sexual relations.’
Family Law week, 20th August
Source: www.familylawweek.co.uk
‘A number of rape claims are to be re-examined by police over fears they were incorrectly recorded as a “no crime” Northumbria Police said 33 rapes have this year been listed as “no crime” – when people subsequently inform officers no offence took place – but 11 are to be reinvestigated.’
BBC News, 19th August 2014
Source: www.bbc.co.uk
In re D (Children) (CAFCASS: Safeguarding Checks); [2014] EWHC 2376 (Fam); [2014] WLR (D) 312
‘Whether, in private family law proceedings, safeguarding inquiries should be conducted about third parties, such as partners, would depend on the precise circumstances of the various relationships. In practice, it would be expected that co-operation for such inquiries would generally be sought in respect of partners of the parties and if such a partner did not give his or her consent, an application to the court would usually be made by CAFCASS in its discretion.’
WLR Daily, 20th June 2014
Source: www.iclr.co.uk
‘No new laws are needed to deal with social media – just a better understanding of the existing ones, a leading barrister has told peers.’
Full story
BBC News, 2nd July 2014
Source: www.bbc.co.uk
‘A UK regulator is investigating whether Facebook broke data protection laws when it conducted a psychological study on users without their consent.’
BBC News, 2nd July 2014
Source: www.bbc.co.uk
‘Businesses must respect new consumer rights to cancel contracts for services or the supply of digital content over the internet up to a minimum of 14 days after those contracts have been entered into, under new rules which have come into force in the UK.’
OUT-LAW.com, 13th June 2014
Source: www.out-law.com
In re G (A Child) (Custody Rights: Stay of Proceedings): [2014] EWCA Civ 680; [2014] WLR (D) 220
‘As a matter of the domestic law of England and Wales, it was rare for an order relating to a child to be truly final if “final” meant ruling out further applications to the court. An order settling contact, or residence could subsequently be varied or discharged and new arrangements for the child substituted. That did not mean that the order for residence or contact was not final any more than would the fact that proceedings might be taken to enforce the order. Whether particular proceedings had come to an end was a fact specific question which had to be determined by careful examination of the circumstances in which the order which brought the proceedings to an end was made and its precise terms.’
WLR Daily, 19th May 2014
Source: www.iclr.co.uk
‘A claimant wishing to provide independent counsel with documents which had been disclosed to it in the course of civil proceedings, to obtain advice for potential criminal proceedings, needed the permission of the court to do so as such documents could not be categorised as being “for the purpose of the proceedings” in which the documents had been disclosed within CPR r 31.22.’
WLR Daily, 29th April 2014
Source: www.iclr.co.uk
‘A doctor was right not to administer a blood transfusion to a mentally-ill sex offender refusing it on religious grounds, a High Court judge has said.’
BBC News, 6th May 2014
Source: www.bbc.co.uk
