Regina v McNally: [2013] EWCA Crim 1051; [2013] WLR (D) 256
“Consent to sexual penetration could be vitiated by a deception by the defendant as to gender because vitiating deceptions were not limited to deceptions relating to features of the offence.”
WLR Daily, 27th June 2013
Source: www.iclr.co.uk
“The case law shows that undercover police officers who slept with protesters are on dangerous legal ground.”
The Guardian, 28th June 2013
Source: www.guardian.co.uk
R v Brown (Appellant) (Northern Ireland) [2013] UKSC 43 | UKSC 2011/0233 (YouTube)
Supreme Court, 26th June 2013
“Guidance to doctors and nurses on decisions about whether or not to resuscitate patients is being reviewed amid concerns over whether it is being properly implemented.”
The Guardian, 21st June 2013
Source: www.guardian.co.uk
“The introduction of the Mental Capacity Act 2005 (MCA 2005) was celebrated for establishing a groundbreaking legal framework which empowers and protects those who lack capacity. Yet only six years after its implementation, the criticisms of MCA 2005 have grown to such an extent that the House of Lords has established a post-legislative scrutiny committee. So what has led to this apparent volte face?”
Halsbury’s Law Exchange, 12th June 2013
Source: www.halsburyslawexchange.co.uk
“Leading doctors are calling for a change in the law, so that unconscious patients can be tested for HIV if those treating them get injured.”
Daily Telegraph, 2nd June 2013
Source: www.telegraph.co.uk
“It is estimated that 12,000 men and 85,000 women on average are raped in England and Wales every year, but it is not an issue that is talked about openly. One woman has waived her anonymity and bravely spoken about her story, from reporting the attack to bringing her rapist to justice.”
BBC News, 3rd May 2013
Source: www.bbc.co.uk
“Campaigners demand urgent shake-up of court procedure after seven barristers cross-examined a girl every day for three weeks in child-grooming case.”
The Guardian, 19th May 2013
Source: www.guardian.co.uk
Regina (F) v Director of Public Prosecutions [2013] EWHC 945 (Admin); [2013] WLR (D) 178
“For the purposes of an offence of rape contrary to the Sexual Offences Act 2003, choice was crucial to the issue of ‘consent’ to sexual intercourse. Evidence relating to ‘choice’ and the ‘freedom’ to make any particular choice had to be approached in a broad common sense way. Where a man deliberately ignored the basis of his partner’s consent to penetration as a manifestation of his control over her consent to penetration could be vitiated and give rise to a conviction for rape.”
WLR Daily, 24th April 2013
Source: www.iclr.co.uk
“Businesses should have to ask for individuals’ consent before sharing anonymised personal data with third parties, digital rights campaigners have said.”
OUT-LAW.com, 15th May 2013
Source: www.out-law.com
“The BBC has reported today that the law on consent has been further defined by the Lord Chief Justice. The article reads: ‘A woman who agreed to sex might still be the victim of rape, the High Court has ruled. The most senior judge in England and Wales and two other judges said there was consensual penetration, but the man behaved aggressively and ignored the woman’s demand that he not ejaculate.’ ”
Halsbury’s Law Exchange, 25th April 2013
Source: www.halsburyslawexchange.co.uk
“A woman who agreed to sex might still be the victim of rape, the High Court has ruled.”
BBC News, 24th April 2013
Source: www.bbc.co.uk
“Quite a lot, actually. This note considers, two recent High Court (QBD) decisions: Shah v HSBC [2012] EWHC 1283 (Supperstone J.) that clarifies the effect of making a ‘consent’ SAR – to the advantage and benefit of banks and solicitors but disadvantage of their customers and clients; and Dare v CPS [2012] EWHC 2074 (Bean J.) that provides an explanation of what it means to ‘facilitate’ a transaction under PoCA s. 328. In addition there is an afterword about the continuing problem of legal privilege that remains a little discussed, but unresolved, problem for solicitors.”
No. 5 Chambers, 4th February 2013
Source: www.no5.com
“Organisations ‘almost always’ require individuals’ ‘free, specific, informed and unambiguous ‘opt-in’ consent’ in order to make use of personal data they have previously collected in ‘big data’ projects that involve analysing or predicting the ‘personal preferences, behaviour and attitudes of individual customers’, an EU privacy watchdog has said.”
OUT-LAW.com, 9th April 2013
Source: www.out-law.com
“There is no doubt that medical diagnosis and therapy are struggling to keep pace with the genetic information pouring out of the laboratories and sequencing centres. And the issue of medical liability is being stretched on the rack between conventional treatment and the potential for personalised therapy. Treatment of disease often turns out to be different, depending on which gene mutation has triggered the disorder. However fine tuned the diagnosis, it may turn out to be profoundly wrong in the light of subsequent discoveries.”
UK Human Rights Blog, 9th March 2013
Source: www.ukhumanrightsblog.com
“The sensitivity of personal information should be determined by the reasons behind why the information is to be processed, the UK’s data protection watchdog has said.”
OUT-LAW.com, 14th February 2013
Source: www.out-law.com
Regina v B (M) [2013] EWCA Crim 3; [2013] WLR (D) 43
“Under the rule in section 1 of the Sexual Offences Act 2003, unless the defendant’s state of mind amounted to insanity in law, beliefs in consent arising from conditions such as delusional psychotic illness or personality disorders had to be judged by objective standards of reasonableness and not by taking into account a mental disorder which induced a belief which could not reasonably arise without it.”
WLR Daily, 31st February 2013
Source: www.iclr.co.uk
“New UK rules governing the use of online behavioural advertising (OBA) have come into effect.”
OUT-LAW.com, 5th February 2013
Source: www.out-law.com
“The UK’s privacy watchdog will no longer require individuals’ explicit consent in order to serve them with ‘cookies’ when they visit its website.”
OUT-LAW.com, 28th January 2013
Source: www.out-law.com
“The extent of the Queen and Prince Charles’s secretive power of veto over new laws has been exposed after Downing Street lost its battle to keep information about its application secret.”
The Guardian, 14th January 2013
Source: www.guardian.co.uk
