Regina v Avanzi [2014] extempore; [2014] WLR (D) 55
‘When at issue, the burden of proving incapacity under the Sexual Offences Act 2003 fell on the party asserting it, namely the Crown, who had to discharge the burden to the criminal standard of proof and make the jury sure the complainant did not have the capacity to consent.’
WLR Daily, 6th February 2014
Source: www.iclr.co.uk
‘The fact that a confiscation order had been made by consent did not preclude a defendant from appealing against it on the ground that the consent had been based on a mistake of law as a result of wrong legal advice.’
WLR Daily, 29th January 2014
Source: www.iclr.co.uk
‘The fact that a confiscation order had been made by consent did not preclude a defendant from appealing against it on the ground that the consent had been based on a mistake of law as a result of wrong legal advice.’
WLR Daily, 29th January 2014
Source: www.iclr.co.uk
‘In the second of two articles providing an introduction to surrogacy law, Bianca Jackson, a pupil barrister at Coram Chambers, considers the main issues arising from the current legislation.’
Family Law Week, 30th January 2014
Source: www.familylawweek.co.uk
‘ A High Court judge has given doctors permission to perform an urgent caesarean section on a mentally-ill woman with diabetes. The woman was delivered of a baby boy within hours of Mr Justice Hayden giving specialists at the Royal Free London NHS Trust approval for the procedure, following a five-hour hearing at the Court of Protection.’
Daily Telegraph, 1st February 2014
Source: www.telegraph.co.uk
IM v LM and others [2014] EWCA Civ 37; [2014] WLR (D) 31
‘The test for determining whether a person enjoyed capacity to marry or to experience sexual relations included an evaluation of the person’s ability to use and to weigh relevant information.’
WLR Daily, 23rd January 2014
Source: www.iclr.co.uk
‘The Government’s paper High Speed Rail: Investing in Britain’s Future—Decisions and Next Steps (2012) (Cm 8247) (“the DNS”), in which it had set out its proposed strategy for the promotion, construction and operation of a new high speed rail network, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) and thus did not come within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC) (“the SEA Directive”).’
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
‘Newspapers and other media groups can refuse individuals’ requests for access to the personal data those organisations hold about them where the disclosure of that information could jeopardise future stories, the Information Commissioner’s Office (ICO) has said.’
OUT-LAW.com, 27th January 2014
Source: www.out-law.com
‘Ministers are reportedly reviewing laws that would allow fracking to be carried out underneath houses without the permission of the owners.’
The Independent, 26th January 2014
Source: www.independent.co.uk
‘The mother of a baby who died from cot death in 1998 has said his organs were kept for 15 years without her consent.’
BBC News, 21st January 2014
Source: www.bbc.co.uk
‘A “test case” is reportedly being brought in the High Court in February 2014 to determine whether a woman has the right to “harvest” her seriously ill partner’s sperm.’
Halsbury’s Law Exchange, 16th January 2014
Source: www.halsburyslawexchange.co.uk
‘A woman has launched a legal battle for the right to use her seriously-ill fiancé’s sperm to have his children.’
The Independent, 15th January 2014
Source: www.independent.co.uk
‘The case of a mother whose baby was taken away following an enforced caesarean is an “irrefutable demonstration of the pressing need for radical change” in the family courts, senior judge says.’
Daily Telegraph, 17th December 2013
Source: www.telegraph.co.uk
Regina v J and others [2013] EWCA Crim 2287; [2013] WLR (D) 472
‘Where an offence under section 1 of the Prevention of Corruption Act 1906 was alleged it was not necessary for the prosecution to prove, as an ingredient of the offences under that section, that the principal did not know of the payment and did not give his informed consent. It was only necessary to prove that the payment made for the prohibited purpose was made corruptly.’
WLR Daily, 5th December 2013
Source: www.iclr.co.uk
‘A woman has begun a legal bid to prevent her dead husband’s frozen sperm from being destroyed.’
BBC News, 4th December 2013
Source: www.bbc.co.uk
‘The council at the centre of a row over an Italian woman who was given a forced caesarean section and then had her baby taken from her said the decision was taken over concerns about the “risks to mother and child”.’
The Guardian, 2nd December 2013
Source: www.guardian.co.uk
‘One in 10 women in Britain admit they have been forced into having sex against their will, the most comprehensive survey of Britons’ sexual behaviour for decade reveals today, prompting a warning from researchers that sexual coercion may have become “normalised”. The findings from the third National Survey of Sexual Attitudes and Lifestyles (Natsal) survey, which questioned 15,000 people aged 16 to 74, also show that the proportion of women saying they have been victims of sexual coercion is more than double that of those who say they have been victims of rape.’
The Guardian, 26th November 2013
Source: www.guardian.co.uk
“Yes – in certain circumstances, according to the Court of Appeal in the recent case Sharma v Sharma [2013] EWCA Civ 1287. Jackson LJ (with whom McCombe and Floyd LJ agreed) reviewed the authorities on the defence of fully informed consent and laid down a framework of the applicable principles.”
11 Stone Buildings, 31st October 2013
Source: www.11sb.com
“Robyn Fenty — Rihanna to most of us — enjoyed victory in the English High Court earlier this year when she succeeded in stopping High Street fashion retailer Topshop from selling an unauthorised t-shirt bearing her image. 12,000 units of this t-shirt were sold, most at £22 each.”
OUP Blog, 15th November 2013
Source: www.blog.oup.com
