Caven blog

August 2012

Is sex without consent always rape?

The topic of consent in relation to rape has been a hot topic recently, as reported by the BBC among other media outlets.

Firstly, there were controversial remarks last week by Respect MP George Galloway, which included sarcastic musings on whether men should ask permission before ‘every penetration’.


Common legal questions on cycling

With Bradley Wiggins’ recent Tour de France and Olympic Time Trial wins, and Team GB’s cycling team having a fantastic home Olympics, cycling is becoming more and more popular as both a leisure activity and a means of transport. As its popularity increases, there will no doubt be more legal ramifications.

As such, Prolegal have kindly taken some time to answer a few of the more common cycling questions relating to the law.


Daily Mail takes aim at CFAs after £15k libel settlement nets £130k legal bill

The Daily Mail has targeted Conditional Fee Agreements (CFAs) after receiving a £130,000 bill for a defamation claim by actor Neil Morrissey which settled for just £15,000, according to The Press Gazette.

In early 2011 The Daily Mail alleged that Mr Morrissey had been banned from a local bar near his home in France for drunken behaviour.


Legal Ombudsman to handle complaints about PPI Claims Management Companies

The Government announced yesterday that the Legal Ombudsman, set up in 2010 to resolve complaints about lawyers, will be able to investigate grievances from the public about how claims management companies (CMCs) have dealt with mis-sold Payment Protection Insurance (PPI) on their behalf.

According to the Ministry of Justice, there have been many more complaints against companies handling PPI claims compared to other types of claims companies, such as those dealing with personal injury and unfair bank charges claims.


Judge rules severely anorexic woman should not be force-fed

A High Court judge, sitting at the Court of Protection in London, ruled last Friday that a severely anorexic woman, known only as ‘L’, need not be force-fed by her clinicians.

This ruling was made even though her life appears to be in imminent danger.


Is it time for a law on voluntary euthanasia?

The family of a man with locked-in-syndrome announced his unexpected death from natural causes on Wednesday. This sad event came a week after the man lost his High Court claim to be allowed to end his life with the help of a doctor, as reported by BBC News.

Voluntary euthanasia, also known as assisted dying or assisted suicide, means that a person wants to die and is able to make their wishes known, but cannot accomplish this aim without the aid of another.


How are personal injury damages awards dealt with on divorce?

At Prolegal Limited we undertake a significant number of personal injury claims each year.

Some of those clients are either contemplating divorce or are going through a divorce. Naturally of interest to them is how their personal injury award will be dealt with as part of the divorce proceedings. In effect, should an award of damages for personal injury be regarded as a financial resource available for distribution between the parties?


MMR jab blamed for partially-deaf girl’s disablement

Last week, the Daily Mail reports, a 21-year-old Scottish woman, Katie Stephen, won a ruling that her deafness in one ear was due to an adverse reaction to the triple MMR (Measles, Mumps and Rubella) vaccine, which she was given at the age of 15 months.

She had alleged the adverse reaction was similar to the brain disease encephalitis.


US Apple Vs Samsung patent case sinks deeper into farce

Yesterday, the judge overseeing yet another patent dispute between Apple and a competing technology firm, this time Samsung, lost her patience with Apple’s lawyers, according to Ars Technica.

Excluding opening and closing arguments, San Jose US District Judge Lucy Koh allocated each company 25 hours for the trial.


‘Honour killing’ and the law

Last week, a mother and father of Pakistani origin were handed life sentences after being found guilty of murdering their daughter (who had been resisting an arranged marriage) in a so-called ‘honour killing’. It is a sad fact that there are approximately 12 ‘honour killings’ per year in the UK.

Distressing cases like this, which have occurred in different ethnic communities within Britain, raise the question of how the justice system should deal with such crimes.


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