Consent in abuse claims has long been a controversial and difficult subject to broach. Many organisations have been criticised for raising the issue.
Consent in abuse claims has long been a controversial and difficult subject to broach. Many organisations have been criticised for raising the issue. The CICA for example, has been challenged for its use of this in refusing to make payments to the victims of sexual abuse (see our previous article 'Child sexual abuse and issues of consent in a 21st century world' here).
Helpfully, in most situations, the position is clear. For example in civil claims, the court has made it clear that consent can be vitiated by grooming behaviour prior to a victim turning 16 (JL v Archbishop Michael George Bowen and The Scout Association). Similarly, in criminal cases, the Sexual Offences Act 2003 makes it clear that for certain individuals in a position of trust, such as teachers and carers, the legal age of consent is extended to 18 for those entrusted to them.
It is perhaps then surprising that other individuals in a position of trust, are not similarly regulated by the legislation. Sports coaches are in the news a lot at the moment as one unregulated profession. They may have much more one-to-one interaction with a child than say, their teachers, who are regulated by the 2003 Act.
Given the approach taken by the Civil Courts in similar cases, it is helpful to see that legislation now looks to be amended soon to follow suit. Proposed amendments to the 2003 Act will clarify the relationships in which consent simply cannot be given.
For those defendant organisations facing civil action, it continues to be just as important as ever to take into account the relationships between a victim and their abuser and the behaviour which may have preceded that abuse.
Law firm Browne Jacobson has collaborated with Wiltshire Council and Christ Church Business School on the launch event of The Council Company Best Practice and Innovation Network, a platform which brings together academic experts and senior local authority leaders, allowing them to share best practice in relation to council companies.
Announced in September but scrapped on 17 November the investment zone proposals were very short lived. The proposal has now morphed into the proposal for a smaller number of clustered zones earmarked for investment.
On 2 November 2022, the Supreme Court handed down its judgment in the much awaiting case of Hillside Parks Ltd v Snowdonia National Park Authority  UKSC 30. The Court’s judgment suggests that the long established practice of using drop-in applications is in fact much more restricted than previously thought. This judgment therefore has significant implications for both the developers and local planning authorities.
In ‘failure to remove’ claims, the claimant alleges abuse in the family home and asserts that the local authority should have known about the abuse and/or that they should have removed the claimant from the family home and into care earlier.
This article is the second in a series to help firms take a practical approach to complying with the ‘cross-cutting rules’ within the new ‘Consumer Duty’ (CD) framework. The article summarises what it seems the Financial Conduct Authority (FCA) is seeking to achieve from the applicable rules (section 2 below) and potential complications arising from legal considerations (section 3).
Across the UK, homelessness is an urgent crisis, and one that is set to grow amid the rising cost of living. Local authorities are at the forefront of responding to this crisis, but with a lack of properties that are suitable for social housing across the UK, vulnerable individuals and families are often housed in temporary accommodation.
Claims arising from interest-only mortgages have been farmed in volume. Many such claims to date have sought to drive a narrative that interest-only mortgages are an inherently toxic product and brokers were negligent simply for suggesting them. Taylor is a helpful recalibration, focussing instead on what the monies raised by the mortgage product were being used for and whether the client understood the inherent risks.
Updates include UK Shared Prosperity Fund, contracts, Subsidy Control Bill, data controller liability, Government Covid-19 procurement and Highway Code revisions.