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.

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​.

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.

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.

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

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

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