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14 January 2021 / David Locke
Issue: 7916 / Categories: Opinion , Human rights
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Age of consent: Gillick competence & gender dysphoria

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David Locke discusses preserving Gillick competence in the light of cases of gender dysphoria

There is a worrying trend toward superficiality in public debate, even on the most serious of subjects. Dissent is frequently expressed only as an emotional response, often in a 280- character tweet, rather than through any attempt at forensic rebuttal. The emotion invariably seems to be one of self-righteous fury. Lawyers should be particularly careful lest they find themselves outside the comfort zone of their professional expertise, such as that may be, impugning the moral integrity of the High Court, and identifying malign conspiracies, while simultaneously failing to understand that the motivation of a petitioner is of no relevance whatsoever to the assessment of the merits of a judgment.

So it seemed to come to pass that the serious and careful decision in Bell v The Tavistock and Portman NHS Foundation Trust [2020] EWHC 3274 (Admin), [2020] All ER (D) 30 (Dec) was seized upon, attacked, misunderstood and misconstrued within moments of being

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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