Bristol: Brain-damaged baby dies after life support ruling – BBC News
‘A brain-damaged baby has died days after a judge ruled that doctors could stop providing life-support treatment.’
BBC News, 1st February 2021
Source: www.bbc.co.uk
Category: consent
Barrister suspended for “sexual” touching without consent – Legal Futures
Posted January 27th, 2021 in barristers, consent, disciplinary procedures, harassment, news, sexual offences, women by sally
‘A barrister who touched two individuals sexually has been suspended from practice for three months by a Bar disciplinary tribunal.’
Legal Futures, 26th January 2021
Source: www.legalfutures.co.uk
Is it a single dwelling? Determination of breach not required where shop converted to multiple flats in breach of lease – Hardwicke Chambers
Posted January 26th, 2021 in change of use, consent, housing, landlord & tenant, leases, news, statutory interpretation by sally
‘David Peachey was recently successful in Zash Properties Limited v Landau Medical Consultancy Limited (County Court, HHJ Johns QC), which dealt with the conversion of a shop into two studio flats in breach of lease. The case raises interesting points about whether a determination of breach is required prior to the service of s.146 notices in respect of headleases of multiple dwellings, and whether it is reasonable for a landlord to refuse consent for change of use from commercial to residential use because of the statutory rights applicable to residential long leases.’
Hardwicke Chambers, 18th January 2021
Source: hardwicke.co.uk
High court grants leave to appeal to UK gender identity service – The Guardian
Posted January 21st, 2021 in appeals, consent, gender, medical treatment, news, transgender persons, young persons by sally
‘An NHS trust has been allowed to appeal against a high court decision that barred it from referring under-16s for puberty-blocking treatment.’
The Guardian, 19th January 2021
Source: www.theguardian.com
Childhood vaccination disputes – where does the law stand in public and private law proceedings? – Family Law
Posted January 7th, 2021 in children, consent, coronavirus, human rights, local government, medical treatment, news, parental responsibility, vaccination by sally
‘As the vaccinations against COVID-19 begin to be administered, it is worth revisiting recent judicial approaches in vaccination disputes concerning children in both public and private law proceedings.’
Family Law, 6th January 2021
Source: www.familylaw.co.uk
Puberty Blocking — can a child consent? – UK Human Rights Blog
Posted December 4th, 2020 in children, consent, gender, human rights, medical treatment, medicines, news, transgender persons by sally
‘A case about medical treatment for children experiencing gender dysphoria is bound to evoke strong feelings. So, in early October, when the parties in R (on the application of Quincy Bell and A v Tavistock and Portman NHS Trust and others arrived for the hearing at the Royal Courts of Justice, they found a buzz of press photographers and a throng of campaigners with placards.’
UK Human Rights Blog, 4th December 2020
Source: ukhumanrightsblog.com
Covid-19: Do not resuscitate orders may have been used without consent – BBC News
‘Doctors may have made decisions about “do not resuscitate orders” without consent in the first wave of the pandemic, the care watchdog has warned. The Care Quality Commission said it saw a jump in complaints about such DNR orders between March and September.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
Puberty blockers: under-16s ‘unlikely to be able to give informed consent’ – The Guardian
Posted December 2nd, 2020 in children, consent, doctors, gender, medical treatment, medicines, news, transgender persons, young persons by sally
‘Children under the age of 16 considering gender reassignment are unlikely to be mature enough to give informed consent to be prescribed puberty-blocking drugs, the high court has ruled.’
The Guardian, 1st December 2020
Source: www.theguardian.com
A Costly Lesson? A discussion of the decision in Belsner v Cam Legal Services Limited [2020] EWHC 2755 (QB) – Parklane Plowden Chambers
Posted November 25th, 2020 in accidents, chambers articles, civil procedure rules, compensation, consent, costs, damages, fees, news, personal injuries, road traffic, solicitors by sally
‘Lavender J has held that solicitors cannot rely upon CPR 46.9(2) to recover more from a client than could have been recovered between parties in the proceedings, unless they can show that the client provided informed consent. The decision potentially has far-reaching consequences for the use of conditional fee agreements (“CFAs”).’
Parklane Plowden Chambers, 20th November 2020
Source: www.parklaneplowden.co.uk
A non-sexually motivated sexual assault?: GMC v Haris [2020] EWHC 2518 (Admin) – 2 Hare Court
Posted November 18th, 2020 in abuse of position of trust, appeals, chambers articles, consent, doctors, news, professional conduct, sexual offences, statutory interpretation by sally
‘Dr Haris faced allegations from two patients that he had conducted non-clinically indicated, intimate examinations without consent. He asserted forcefully that the alleged conduct simply never happened – and also called additional evidence to support his position that he was asexual.’
2 Hare Court, 5th November 2020
Source: www.2harecourt.com
Consent and fertility – 2 Hare Court
‘This judgment, handed down in July 2020, examines the limitations of the meaning of consent within s.74 Sexual Offences Act 2003. It held that a man’s lie about his fertility should not be deemed to be so closely connected to the nature or purpose of sexual intercourse that it is capable of negating consent.’
2 Hare Court, 2nd November 2020
Source: www.2harecourt.com
Rough sex excuse in women’s deaths is variation of ‘crime of passion’ – study – The Guardian
Posted November 11th, 2020 in bills, consent, criminal justice, domestic violence, homicide, murder, negligence, news, sexual offences, women by sally
‘Men who kill women are increasingly using the “sex game gone wrong” excuse as a contemporary variation on the traditional crime of passion defence, research has found.’
The Guardian, 10th November 2020
Source: www.theguardian.com
Belsner v Cam Legal Services: An important clarification – What information a solicitor should provide to a client concerning likely costs that may be recovered from the opponent – Hardwicke Chambers
Posted November 10th, 2020 in consent, costs, fees, news, personal injuries, small claims, solicitors by sally
‘The High Court has handed down judgment in Belsner v Cam Legal Services which provides important clarification in respect of what information a solicitor should provide to a client in relation to the likely costs that might be recovered from the opponent.’
Hardwicke Chambers, 16th October 2020
Source: hardwicke.co.uk
Belsner v Cam Legal Services Ltd – Hailsham Chambers
Posted October 28th, 2020 in chambers articles, civil procedure rules, consent, costs, fiduciary duty, news, solicitors by sally
‘In Belsner v Cam Legal Services Ltd [2020] EWHC 2755, Lavender J (“the Judge”) has held that a client (“C”) did not give informed consent to the recovery from her of a sum by her solicitors (“solicitor”) over and above the costs recovered from the defendant in litigation (“D”). As a result, the solicitors were limited to the fixed costs which they recovered from D.’
Hailsham Chambers, 23rd October 2020
Source: www.hailshamchambers.com
Recognising the legal landscape of informed consent – The GMC’s new guidance on Consent 2020 – Parklane Plowden Chambers
Posted October 23rd, 2020 in chambers articles, codes of practice, consent, doctors, medical treatment, news, proportionality by sally
‘The landscape of informed consent in the doctor-patient relationship was fundamentally re-developed in 2015 when the Supreme Court drove a bulldozer through the Bolam principle replacing it with a new patient focused view designed on “materiality“ in Montgomery v Lanarkshire Health Board [ 2015 ] UKSC 11. The General Medical Council acted as an intervener in Montgomery case.’
Parklane Plowden Chambers, 14th October 2020
Source: www.parklaneplowden.co.uk
Court orders costs repayment after client did not consent to deduction – Law Society’s Gazette
Posted October 21st, 2020 in civil procedure rules, compensation, consent, costs, damages, fees, fiduciary duty, insurance, news, personal injuries, solicitors, third parties by sally
‘Fee-recovery lawyers say millions of clients could stand to benefit from a court judgment which reduced legal fees deducted from compensation.’
Law Society's Gazette, 19th October 2020
Source: www.lawgazette.co.uk
Supreme Court rejects application for permission to appeal ruling on allotments appropriation and ministerial consent – Local Government Lawyer
Posted October 20th, 2020 in appeals, appropriation, change of use, consent, local government, ministers' powers and duties, news, planning, Supreme Court by sally
‘The Supreme Court has refused permission to appeal a Court of Appeal ruling that land used for allotments for more than 80 years had not been subject of an appropriation for that use and so a council could dispose of the land without the consent of the Secretary of State, it has emerged.’
Local Government Lawyer, 19th October 2020
Source: www.localgovernmentlawyer.co.uk
Care watchdog to review use of DNACPR during pandemic – Local Government Lawyer
Posted October 15th, 2020 in care homes, consent, coronavirus, elderly, medical treatment, news by sally
‘The Care Quality Commission is to review how Do Not Attempt Cardiopulmonary Resuscitation (DNACPR) decisions were used during the coronavirus pandemic.’
Local Government Lawyer, 13th October 2020
Source: www.localgovernmentlawyer.co.uk
Predatory Southend rapist sentenced – Crown Prosecution Service
Posted October 7th, 2020 in consent, Crown Prosecution Service, forensic science, imprisonment, news, rape, sentencing, sexual offences by sally
‘Olawale Hassan, a 34-year-old man, has been sentenced to ten years and two months today (06/10/2020) at Basildon Crown Court for the sexual assault and rape of a woman in Southend.’
Crown Prosecution Service, 6th October 2020
Source: www.cps.gov.uk
Back bill to ban marriage for under-18 in England and Wales, MPs urged – The Guardian
Posted October 6th, 2020 in bills, children, civil partnerships, consent, forced marriages, marriage, news by sally
‘The UK is undermining its international efforts to end child marriage because an exception to the law in England and Wales that allows 16 and 17-year-olds to marry with parental consent is putting children at risk, parliament will be told today.’
The Guardian, 6th October 2020
Source: www.theguardian.com
