The Commission on Assisted Dying, set up in September 2010 and chaired by former Lord Chancellor Charles Falconer, has issued its monumental report on assisted dying in England and Wales. The Commission was funded by two supporters of assisted suicide, author Terry Pratchett and businessman Bernard Lewis, and despite reassurances that the running and outcome [...]
Archive for the ‘Medical’ Category
A step closer to the legalisation of assisted suicide?
Posted in Art. 2 | Right to life, Art. 8 | Right to Privacy/Family, Family, In the news, Medical, Mental Health, tagged assisted suicide, non voluntary euthanasia, terry pratchett on January 5, 2012 | 1 Comment »
How private are patients’ dental records?
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case summaries, Disciplinary Proceedings, Medical, tagged human rights on November 21, 2011 | 1 Comment »
This is a case in which Philip Havers QC of 1 Crown Office Row appeared for the General Dental Council; he is not the author of this post. The General Dental Council v Savery and others [2011] EWHC 3011 (Admin) – Read judgment Mr Justice Sales in the High Court has ruled that the General [...]
Insurers’ human right not to pay for putting asbestos in employees’ lungs?
Posted in Damages, Environment, In the news, Medical, Personal Injury, Protocol 1 Art. 1 | Peaceful enjoyment of property on October 13, 2011 | 1 Comment »
AXA General Insurance Ltd & Ors v Lord Advocate & Ors (Scotland) [2011] UKSC 46 (12 October 2011 When you breathed in asbestos fibres from your dusty shipbuilding job on the River Clyde in the 1950s and 1960s, some of those fibres stuck around in the lungs. Some may cause the pleural plaques seen on [...]
Lord Justice Jackson: legal aid should remain for clinical negligence
Posted in Art. 6 | Right to Fair Trial, Costs and Procedure, Damages, In the news, Medical, Personal Injury, Politics / Public Order, tagged conditional fee agreements, Costs and Procedure, legal aid, legal aid cuts, Lord Justice Jackson on September 13, 2011 | 1 Comment »
Lord Justice Jackson spoke in strong terms last week to the Cambridge Law Faculty on the controversial topic of legal aid and legal costs reforms. The architect of the proposed reforms to legal costs made clear his position on the government’s proposed amendments, set out in the Legal Aid, Sentencing and Punishment of Offenders Bill, which was [...]
Nuclear test veterans appeal to be heard by Supreme Court
Posted in Art. 6 | Right to Fair Trial, Case summaries, Damages, Medical, Personal Injury on July 29, 2011 | 1 Comment »
On Thursday 28th July, the Supreme Court heard a “permission to appeal” argument in the British nuclear testing case. The judgment to be appealed is that of the Court of Appeal Civil Division in Ministry of Defence v AB and others[2010] EWCA Civ 1317 – (Smith and Leveson LJJ and Sir Mark Waller). In terse legalese, [...]
Public purse stays closed for morbidly obese man
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case comments, Margin of Appreciation, Medical on July 28, 2011 | 1 Comment »
Condliff, R (on the application of) v North Staffordshire Primary Care Trust [2011] EWCA Civ 910 – Read judgment A morbidly obese man has lost his appeal against his local Primary Care Trust’s (PCT’s) refusal to fund his anti-obesity surgery. The Court of Appeal ruled that the PCT had no obligation under Article 8 of [...]
Admissibility of hearsay evidence at General Medical Council hearing breached right to fair trial
Posted in Art. 6 | Right to Fair Trial, Case comments, Case summaries, Disciplinary Proceedings, Medical on June 22, 2011 |
R (Bonhoeffer) v General Medical Council [2011] EWHC 1585 (Admin) – read judgment This post was coauthored by Richard Mumford and Joanna Glynn QC. Kieran Coonan QC and Neil Sheldon of 1 Crown Office Row appeared for the claimant in this case. On 21 June 2011 the Divisional Court held to be “irrational and … [...]
Should male circumcision be banned?
Posted in Art. 14 | Anti-Discrimination, Art. 3 | Torture / Inhumane Treatment, Art. 9 | Thought/Conscience/Religion, In the news, Medical, Religion on June 15, 2011 | 19 Comments »
Yesterday Neil Howard and Rebecca Steinfeld asked via guardian.co.uk whether it is Time to ban male circumcision? The article was prompted by attempts to ban the practice in San Francisco. Male circumcision is common amongst Muslims and Jews, but judging from the 286 comments (so far!) to the article, there are a lot of people who feel [...]
Panorama at Winterbourne View: the human rights angle – Lucy Series
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 5 | Right to Liberty, Art. 8 | Right to Privacy/Family, Criminal, In the news, Medical, Mental Health on June 3, 2011 | 6 Comments »
I watched Panorama’s exposé of institutional abuse of adults with learning disabilities at Winterbourne View Hospital with mounting horror. What legal mechanisms were available to prevent abuses like this, or bring justice to victims? There can be little doubt that the acts of the carers towards the patients were inhuman and degrading, a violation of [...]
Life or death injunctions not so super (or controversial)
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Family, In the news, Media, Medical on May 19, 2011 | 5 Comments »
W v. M, S, an NHS PCT and Times Newspapers Ltd. [2011] EQHC 1197 (COP) – read judgment. In the midst of all the fuss over the last two weeks about ‘superinjunctions’ and the law on privacy (see our coverage here, here, here and here) the Court of Protection (“CoP”) has just granted an injunction imposing extensive reporting [...]
Doctors not entitled to be judged by independent panel
Posted in Art. 6 | Right to Fair Trial, Case comments, Employment, Medical on April 26, 2011 | 1 Comment »
R (on the application of Rajiv Puri) v Bradford Teaching Hospitals NHS Foundation Trust [2011] EWHC 970 (Admin) Judgment of Mr Justice Blair given on 15 April 2011 - Read judgment This claim for judicial review is the latest skirmish in The Wars of the HC [90] 9 Succession between doctors and NHS trusts about what [...]
Human rights, anti-obesity surgery and the NHS purse
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case comments, In the news, Medical on April 13, 2011 | 1 Comment »
Condliff, R (On the Application Of) v North Staffordshire Primary Care Trust [2011] EWHC B8 (Admin) (07 April 2011) – Read judgment What happens when the money for medical treatment runs out? The National Health Service has a limited budget. It also is obliged by law to provide necessary medical services to the public. Inevitably, [...]
Child’s identity to remain a secret
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Case summaries, Children, Medical on March 24, 2011 | 1 Comment »
A (A Child) v Cambridge University Hospital NHS Foundation Trust [2011] EWHC 454 (QB)- read judgment A High Court judge has ruled that a seven-year-old child with severe disabilities caused by medical negligence during his birth should be the subject of an order that prohibits their identification in any newspaper report. The order was granted [...]
Transsexual denied NHS breast surgery loses appeal
Posted in Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Case law, Case summaries, Medical, tagged transsexual on March 17, 2011 | 3 Comments »
R (on the Application of AC) v Bershire West Primary Care Trust [2011] EWCA Civ 247 – Read judgment. The Court of Appeal has dismissed the appeal of a male-to-female transsexual who was refused NHS funding for breast augmentation surgery. The appellant, known as AC, had been diagnosed with gender identity disorder (GID) in 1996. [...]
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Disclaimer
Dismissal of hospital consultant did not breach fair trial rights
Posted in Art. 6 | Right to Fair Trial, Case comments, Employment, Medical, tagged Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust [2011] EWHC 2068 (QB) on August 3, 2011 | 1 Comment »
Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust [2011] EWHC 2068 (QB)- Read judgment The High Court has dismissed Dr Raj Mattu’s claim that his dismissal by an NHS Trust was in breach of contract and in breach of his Article 6 right to a hearing before an independent and impartial tribunal. [...]
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