Archive for the 'consent' Category

Government publishes cookie law plans and says browser settings cannot give consent – OUT-LAW.com

“Browser settings alone cannot be used by web users to give consent to their behaviour being tracked under a new EU law, the UK Government has said. The Government said that it will implement the EU law by a 25 May deadline.”

Full story

OUT-LAW.com, 18th April 2011

Source: www.out-law.com

Regina v Cooper (Gary Anthony) – Times Law Reports

Regina v Cooper (Gary Anthony)

House of Lords

“An irrational fear preventing the free exercise of choice by B was sufficient to make criminal A’s sexual touching of B who was unable to refuse through a mental disorder. Inability to communicate any choice made was not limited to physical inability.”

The Times, 7th August 2009

Source: www.timesonline.co.uk

In re P-J (Children) (Abduction: Consent) – Times Law Reports

In re P-J (Children) (Abduction: Consent)

Court of Appeal

“Consent to the removal of a child from one jurisdiction to another had to be real and subsist at the time of the removal.”

The Times, 6th August 2009

Source: www.timesonline.co.uk

R v C – WLR Daily

R v C [2009] UKHL 42; [2009] WLR (D) 272

“The words of s 30(2)(a) of the Sexual Offences Act 2003 ‘or for any other reason’ were wide enough to include an irrational fear preventing the free exercise of choice, and inability to communicate the choice made within s 30(2)(b) was not limited to physical inability.”

WLR Daily, 31st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re P-J (Children) (Abduction: Consent) – WLR daily

In re P-J (Children) (Abduction: Consent) [2009] EWCA Civ 588; [2009] WLR (D) 207

“Effective ‘consent’ to the removal of a child from the jurisdiction of the state of its habitual residence could in principle be given in advance by an eligible person. However, for reliance to be placed on the terms of art 13(a) of the Hague Convention, whereby a requested state was not bound to order the return of such a child if the person having care of the person of the child had ‘consented to or subsequently acquiesced in’ the removal, the consent had to subsist at the time when the child was in fact removed.”

WLR Daily, 23rd June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

L v Human Fertilisation and Embryology Authority – Times Law Reports

L v Human Fertilisation and Embryology Authority

Family Division

“Absent effective consent, the court had no power to authorise retrieval or lawful storage of gametes pending a decision of the Human Fertilisation and Embryology Authority on export for further storage and use.”

The Times, 16th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Attorney-General’s Reference (No 29 of 2008) (Jon Peter Dixon) – Times Law Reports

Attorney-General’s Reference (No 29 of 2008) (Jon Peter Dixon)

Court of Appeal (Criminal Division)

“A non-custodial sentence for sexual offences against a child under 13 where the child had been a willing participant did not meet the essential fact that the law was there not only to protect children from the baleful influence of adults with an inappropriate interest in children but was also designed to protect children from themselves.”

The Times, 29th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.


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