Category: consent

F v. F: latest developments in children and consent to medical treatment – Barristers’ Hub

Posted November 5th, 2013 in children, consent, medical treatment, news, vaccination by sally

“This was the father’s application for a declaration and a specific issue order for his daughters to have the MMR vaccine. The girls are now aged 15 years (L) and 11 years (M) respectively. The parents were married but are now divorced. During the marriage, the parties agreed they would not consent to either of the children having the MMR vaccine. Judgment was handed down by Theis J in private on 5th September 2013, but was released on 12th October 2013. Theis, J. made a declaration that,

‘It is in the interests of both L and M to receive the MMR vaccination and that they should do so before 11 October 2013 on a date to be arranged by the parents together with the GP’.”

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Barristers’ Hub, 4th November 2013

Source: www.barristershub.co.uk

Cookie-replacement tracking technology would be subject to same ‘cookie law’ rules, says ICO – OUT-LAW.com

Posted November 5th, 2013 in advertising, consent, data protection, internet, news, privacy by sally

“Businesses that track internet users’ behaviour in order to serve them with personalised content, such as adverts, using technology that will replace ‘cookies’ will still be subject to UK privacy laws, the Information Commissioner’s Office (ICO) has said.”

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OUT-LAW.com, 4th November 2013

Source: www.out-law.com

New cookies guidance highlights intra-EU differences on data protection definitions, says expert – OUT-LAW.com

Posted October 21st, 2013 in advertising, consent, data protection, EC law, internet, interpretation, news, privacy by sally

“New guidance issued by an EU privacy advisory body on ‘cookies’ highlights a continuing lack of harmonisation on definitions central to European data protection laws, which are interpreted differently across different EU countries, an expert has said.”

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OUT-LAW.com, 17th October 2013

Source: www.out-law.com

Can DNA Sample Requests Be a Breach of the ECHR? – Criminal Law and Justice Weekly

Posted October 7th, 2013 in consent, DNA, homicide, human rights, investigatory powers, news, police, privacy, proportionality, sexual offences by sally

“Is requiring a convicted person to come in to give a DNA sample a breach of the ECHR? Michael Zander considers the first case to look at the question.”

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Criminal Law and Justice Weekly, 5th October 2013

Source: www.criminallawandjustice.co.uk

When adoption without parental consent breaches human rights – UK Human Rights Blog

Posted October 2nd, 2013 in adoption, appeals, care orders, children, consent, human rights, law reports, local government, news, parental rights by sally

“Re B-S (Children) [2013] EWCA Civ 1146 is the latest Judgment of the Court of Appeal on non-consensual adoption since the Supreme Court authorized a closer scrutiny of first instance decisions In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911.”

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UK Human Rights Blog, 1st October 2013

Source: www.ukhumanrightsblog.com

Court of Protection Update – Family Law Week

Posted September 25th, 2013 in adoption, consent, contact orders, Court of Protection, disclosure, learning difficulties, marriage, medical treatment, news by sally

“Sally Bradley and Michael Edwards, barristers, 4 Paper Buildings, consider three important judgments of the Court of Protection.”

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Family Law Week, 20th September 2013

Source: www.familylawweek.co.uk

Martin Y Paz Diffusion SA v Depuydt and another – WLR Daily

Posted September 23rd, 2013 in consent, EC law, law reports, third parties, trade marks by sally

Martin Y Paz Diffusion SA v Depuydt and another (Case C-661/11); [2013] WLR (D) 351

“Article 5 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the member states relating to trade marks (OJ 1989 L40, p 1), as amended, precluded a proprietor of trade marks from being deprived of any possibility of asserting the exclusive right conferred upon it by those marks against a third party and of itself exercising that exclusive right in respect of goods which were identical to those of that third party, in a situation where the proprietor had consented to a shared use with that third party of signs which were identical to its marks in respect of certain goods in classes for which those marks were registered and no longer consented to that use.”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

Direct marketing via email to consumers requires ‘extremely clear and specific’ consent, says ICO – OUT-LAW.com

Posted September 11th, 2013 in advertising, consent, consumer protection, electronic mail, news, privacy, telecommunications by sally

“Organisations need to obtain ‘extremely clear and specific’ consent from individuals in order to conduct direct marketing via email to them or through any other form of electronic marketing message, according to new guidelines.”

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OUT-LAW.com, 10th September 2013

Source: www.out-law.com

First judicial order for non-therapeutic male sterilisation – Sovereign Chambers

Posted September 3rd, 2013 in consent, learning difficulties, news, sterilisation by sally

“A father has become the first man to be sterilised on the orders of a court after a judge ruled that it was ‘in his best interests’. It is the first time in this jurisdiction that a court has made orders permitting the sterilisation for non-therapeutic reasons of a male unable to consent to such a procedure.”

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Sovereign Chambers, 30th August 2013

Source: www.sovereignchambers.co.uk

BT seeks ‘legal clarity’ before implementing pornography filters – OUT-LAW.com

Posted August 29th, 2013 in consent, internet, news, pornography, telecommunications by sally

“Telecoms giant BT has sought ‘greater legal clarity’ from the Government in relation to the use of filters to stop internet subscribers from accessing pornography.”

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OUT-LAW.com, 28th August 2013

Source: www.out-law.com

Sterilising an incapacitous male patient: an unnecessary decision? – Halsbury’s Law Exchange

Posted August 27th, 2013 in children, consent, Court of Protection, learning difficulties, news, sexual offences, sterilisation by sally

“For the first time a court has sanctioned the sterilisation of an incapacitous male patient: see An NHS Trust v DE and others: [2013] EWHC 2562 (Fam): Mrs Justice Eleanor King in the Court of Protection: judgment handed down on 16 August 2013.”

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Halsbury’s Law Exchange, 27th August 2013

Source: www.halsburyslawexchange.co.uk

High Court upholds autonomy over fatherhood for learning disabled man – UK Human Rights Blog

Posted August 21st, 2013 in consent, Court of Protection, families, health, learning difficulties, news, reporting restrictions, sterilisation by sally

“For the first time a UK court has permitted non therapeutic sterilisation of a male individual who, through learning disabilities, was unable to consent to such a procedure.”

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UK Human Rights Blog, 20th August 2013

Source: www.ukhumanrightsblog.com

Prince Charles faces scrutiny by MPs over veto on laws – The Guardian

Posted August 13th, 2013 in consent, constitutional law, legislation, news, royal family, royal prerogative, veto by sally

“The British parliament is to investigate Prince Charles’s controversial role in helping to shape government legislation in a move likely to increase pressure on Whitehall to reduce the secrecy around alleged royal lobbying.”

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The Guardian, 12th August 2013

Source: www.guardian.co.uk

Porn filters: 12 reasons why they won’t work (and 3 reasons why they might) – The Guardian

Posted August 9th, 2013 in consent, internet, news, pornography by sally

“David Cameron wants to block access to pornography unless people opt in, but is it possible to filter only the things you want?”

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The Guardian, 8th August 2013

Source: www.guardian.co.uk

New guidance shows ‘tangled web’ of approvals needed for fracking projects, says expert – OUT-LAW.com

Posted August 8th, 2013 in consent, consultations, energy, environmental protection, fracking, news by sally

“Energy companies will need to negotiate a ‘tangled web; of regulatory approvals just to carry out exploratory ‘fracking’, an expert has said.”

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OUT-LAW.com, 7th August 2013

Source: www.out-law.com

Sikh woman asks court not to annul marriage to mentally disabled man – Daily Telegraph

Posted August 7th, 2013 in consent, forced marriages, local government, mental health, news, Sikhism by sally

“A woman who was subjected to an arranged marriage with a man who has severe mental disabilities begged a High Court judge not to annul the union because it would consign her to permanent spinsterhood and ostracism by the Sikh community.”

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Daily Telegraph, 6th August 2013

Source: www.telegraph.co.uk

Forced Marriage and Court of Protection – No. 5 Chambers

Posted July 31st, 2013 in consent, forced marriages, jurisdiction, learning difficulties, mental health, news, sponsored immigrants by sally

“In this two part article, Adreeja Chatterjee provides an introduction to the forced marriage legislation. This article explores the ‘typical’ forced marriage scenario, and how this compares to scenarios which crop up in the Court of Protection – where the mental capacity of the bride or groom is at the heart of the case. There is also an exploration of the case of [XCC v AA & Anor (Rev 3) [2012] EWHC 2183 (COP) (26 July 2012)] – a case in which Adreeja appeared in the first part of the litigation, and which merits close scrutiny.”

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No. 5 Chambers, 29th July 2013

Source: www.no5.com

What does ‘surveillance’ mean? – Panopticon

Posted July 30th, 2013 in consent, human rights, investigatory powers, news by sally

“A five-member panel of the Investigatory Powers Tribunal last week issued its decision in Re: a Complaint of Surveillance (case no: IPT/A1/2013). The decision was on a preliminary point arising from this sort of factual scenario: suppose you voluntarily participate in an interview with policing/investigatory authorities but, unbeknownst to you, the investigators use a device to record that interview? Would this act of recording constitute ‘surveillance’ for the purposes of the Regulation of Investigatory Powers Act 2000 (RIPA), such that it requires authorisation (assuming it to be ‘directed’) was required? Would it engage your rights under Article 8 ECHR?”

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Panopticon, 29th July 2013

Source: www.panopticonblog.com

High level Parliamentary committee asks whether mental capacity laws are working – UK Human Rights Blog

Posted July 3rd, 2013 in consent, disabled persons, human rights, legal aid, mental health, news by sally

“The House of Lords ad hoc Select Committee on the Mental Capacity Act 2005 has now heard three sessions of evidence.”

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UK Human Rights Blog, 3rd July 2013

Source: www.ukhumanrightsblog.com

Television cameras may be allowed to film in crown courts – The Guardian

Posted July 2nd, 2013 in consent, courts, Crown Court, judiciary, media, news, sentencing, witnesses by sally

“The government is risking a fresh row with the judiciary by raising the prospect that television cameras could be allowed to film within crown courts.”

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The Guardian, 1st July 2013

Source: www.guardian.co.uk