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Divisional Court upholds the prohibition on assisted suicide: R (Conway) v. The Secretary of State for Justice [2017] EWHC 2447

6th October 2017

This was the latest challenge seeking to legalise assisted dying. The claimant sought a declaration that s.2 of the Suicide Act 1961 is incompatible with article 8 of the European Convention.  The Court accepted that the question is justiciable and that the courts have to decide the claim.  The judgment goes on to hold that the prohibition is a proportionate response to the sanctity of life, to the need to protect vulnerable people and to preserving trust and confidence between doctors and patients.  The court relied on Parliament repeatedly deciding to leave the ban on assisted dying in place and on evidence from doctors’ groups and disability campaigners.

The case has attracted widespread press coverage and the full judgment is available here.

David Lawson was instructed by David Foster of Barlow Robbins on behalf of Care Not Killing.

Amy Street was instructed by the prospective claimant in the case, led by Richard Gordon QC and instructed by Yogi Amin & Anne-Marie Irwin of Irwin Mitchell, before starting parental leave. She has recently returned to practice. Alex Ruck Keene and Annabel Lee are the current juniors for the claimant in the case.

 


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James Berry appears in major Met Police gross misconduct hearing

6th October 2017

James Berry represented Metropolitan Police’s Appropriate Authority in the IPCC directed gross misconduct hearing against six Met Police officers arising out of the death of Olaseni Lewis.

James was led by Paul Ozin QC in the four week hearing which concluded on 6 October 2017.

At the Inquest into Mr Lewis’ death following police restraint at the Royal Bethlehem Hospital, Gerry Boyle QC represented South London and Maudsley NHS Foundation Trust​.


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M (by her litigation friend Mrs B) v A Hospital [2017] EWCOP 19: Landmark decision from Peter Jackson J

21st September 2017

Bridget Dolan QC and Susanna Rickard acted for the Official Solicitor in this ground breaking case concerning the requirement for an application to be made to the Court of Protection where doctors and family agree to withdraw of clinically assisted nutrition and hydration M (by her litigation friend Mrs B) v A Hospital [2017] EWCOP 19.

A summary is available on our UK Medical Treatment blog here and a full analysis will be posted on Monday.

Click here for the BBC coverage of the story.

 


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Claire Watson secures damages for the future cost of surrogacy in clinical negligence proceedings: XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB)

19th September 2017

Claire appeared on behalf of the claimant, who developed cervical cancer and was left infertile due to the negligent failure of the Hospital Trust to correctly report on a number of smear tests and biopsies.  Following a contested trial, the claimant was successful in her claim for the future cost of surrogacy in the UK.  This is believed to be the first case in the UK in which the court has awarded damages for the cost of surrogacy in clinical negligence proceedings.  Although this claimant was not a minor or a protected party, in view of the sensitive and personal nature of her extensive injuries, Claire also successfully persuaded the court to grant an anonymity order for the claimant.

 

Claire was instructed by Anne Kavanagh at Irwin Mitchell.


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Judgments in the case of Charlie Gard

3rd August 2017

Judgment at first instance, 11 April 2017: here

Judgment in the Court of Appeal, 23 April 2017: here

Supreme Court’s determination of application for permission to appeal, 8 June 2017: here

Supreme Court judgment (reasons for granting a limited extension to stay), 19 June 2017: here  

European court of Human Rights’ decision, 27 June 2017: here

Subsequent High Court judgment, 24th July: here


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Michael Mylonas QC, Amy Street and Susanna Rickard involved in High Court Harley Street clinic IVF dispute

21st July 2017

Michael and Susanna are acting for a businessman who is suing IVF Hammersmith, a private Harley Street fertility clinic, after his ex-partner allegedly forged his signature in order to conceive his child without his knowledge.

Amy Street was previously instructed in the case before starting parental leave.

The case, which is a claim for breach of contact, has significant implications concerning the regulation of IVF treatment and has attracted considerable press attention.

Click here for press coverage


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Charlie Gard – Position Statements

3rd August 2017

Position Statement on behalf of the parents of Charlie Gard, Constance Yates and Christopher Gard, 24th July 2017.
Please click here

Position Statement of the Guardian of Charlie Gard, 24th July 2017.
Please click here

Position Statement of Great Ormond Street Hospital for Children NHS Foundation Trust, 13th July 2017.
Please click here

Position Statement of Great Ormond Street Hospital for Children NHS Foundation Trust, 24th July 2017.
Please click here

Position Statement of Great Ormond Street Hospital for Children NHS Foundation Trust, 25th July 2017.
Please click here


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Awards

Angus Moon QC 1986 | 2006    Joint Head of Chambers
John Beggs QC 1989 | 2009    Joint Head of Chambers
Sir Robert Francis QC 1973 | 1992
James Watson QC 1979 | 2000
Adrian Hopkins QC 1984 | 2003
George Hugh-Jones QC 1983 | 2010
Michael Mylonas QC 1988 | 2012
Chris Daw QC 1993 | 2013
John de Bono QC 1995 | 2014
Michael Horne QC 1992 | 2016
Katie Gollop QC 1993 | 2016
Bridget Dolan QC 1997 | 2016
Gerard Boyle QC 1992 | 2017
Sarah Clarke QC 1994 | 2017
Debra Powell QC 1995 | 2017
Jemma Lee 2010
Liam Duffy 2012
Samuel Green QC 1998 | 2015    Door Tenant
Huw Lloyd 1975    Door Tenant
Siobhan Goodrich 1980    Door Tenant
Susan Burden 1985    Door Tenant
Charles Foster 1988    Door Tenant
Malcolm Lim 1989    Door Tenant
Anthony Jackson 1995    Door Tenant
Benedict Wray 2009    Door Tenant