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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 handed down, by a procession of interested parties. Some appeared

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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