Ahmad v Secretary of State for the Home Department (AIRE Centre intervening) – WLR Daily

Ahmad v Secretary of State for the Home Department (AIRE Centre intervening); [2014] EWCA Civ 988; [2014] WLR (D) 318

‘The conditions in article 7(1) of Parliament and Council Directive 2004/38/EC, as implemented by the Immigration (European Economic Area) Regulations 2006, were to be strictly interpreted on the basis that the right to a permanent residence card was a privilege which was not conferred unless there was strict and literal compliance with the conditions therein. They were not to be interpreted under European Union law in a dynamic way such that it was enough if they were substantially or functionally fulfilled.’

WLR Daily, 16th July 2014

Source: www.iclr.co.uk

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Regina (Flatley) v Hywel Dda University Local Health Board; Regina (Flatley) v Welsh Ministers; Regina (Dinghy) v Welsh Ministers – WLR Daily

Regina (Flatley) v Hywel Dda University Local Health Board;  Regina (Flatley) v Welsh Ministers; Regina (Dinghy) v Welsh Ministers; [2014] EWHC 2258 (Admin); [2014] WLR (D) 311

‘The function of the minister following a referral by a community health council under regulation 27(9) of the Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010 was to reach a final decision on a proposal put forward by a local health board. That function was directed at the outcome, there was no requirement for the minister to review the process, including any consultation, leading to the proposal, although the minister had a discretion to consider the circumstances of the process in reaching a decision on the proposal overall.’

WLR Daily, 10th July 2014

Source: www.iclr.co.uk

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Judge dismisses legal challenge over Hywel Dda’s NHS shake-up plans – BBC News

Posted July 11th, 2014 in health, hospitals, judicial review, news, Wales by sally

‘Campaigners against planned changes to hospital services in west Wales have lost three High Court judicial reviews into the legality of the shake-up.’

Full story

BBC News, 10th July 2014

Source: www.bbc.co.uk

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Hertfordshire placenta smoothies firm ban over ‘health risk’ – BBC News

Posted May 16th, 2014 in food, health, human tissue, news by sally

‘A company cannot process raw placentas for new mothers to eat, after a judge ruled it posed a “health risk”.’

Full story

BBC News, 16th May 2014

Source: www.bbc.co.uk

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Public Engagement and Commercial Confidentiality – Oil and Water? – Hardwicke Chambers

‘CCGs may face pressure to disclose information about commissioning in at least four ways. From:

Their duties to involve the public in “planning of the commissioning arrangements by the group” (s14 Z2 National Health Service Act 2006).
Their duties to involve individual patients in “their care or treatment” (s14U National Health Service Act 2006).
Applications to provide information under the Freedom of Information Act 2000.
Applications for disclosure, as part of litigation brought by failed tenderers following procurement exercises.’

Full story

Hardwicke Chambers, 10th April 2014

Source: www.hardwicke.co.uk

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The Nanny State – legislating on health and morality – Halsbury’s Law Exchange

Posted May 1st, 2014 in crime, health, human rights, news, public interest by sally

‘“The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant… Over his own body and mind, the individual is sovereign.”

The above principle laid down by John Stuart Mill is a cornerstone of liberal political and jurisprudential thought. Mill argued that, provided you cause no harm to others, you should be free to do what you like with your own body and life. This is what the right to personal autonomy and self-determination means; and it is a right which is being steadily, and quietly, eroded. If liberty, as Mill said, consists in the freedom to do everything which injures no one else, then we are already not free – and if the current trend of legislating on public health and morals continues the residual liberty we do enjoy will be diminished.’

Full story

Halsbury’s Law Exchange, 30th April 2014

Source: www.halsburyslawexchange.co.uk

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What is Crime?: The Limits Of Criminalisation Conference – Speech by Senior Presiding Judge, Lord Justice Gross

Posted April 29th, 2014 in crime, drug abuse, health, judges, news, speeches, terrorism by sally

What is Crime?: The Limits Of Criminalisation Conference (PDF)

Speech by Senior Presiding Judge, Lord Justice Gross

Judiciary of England and Wales, 31st March 2014

Source: www.judiciary.gov.uk

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Not unlawful to refuse egg freezing therapy for Crohn’s sufferer – UK Human Rights Blog

‘There are times when individual need comes up against the inflexible principles of the law and the outcome seems unjustifiably harsh. This is just such a case – where a relatively modest claim based on individual clinical need was refused with no breach of public law principles. As it happens, since the Court rejected her case, the the young woman concerned has been offered private support for the therapy she was seeking. The case is nevertheless an interesting illustration of the sometimes difficult “fit” between principles of public law and the policy decisions behind the allocation of NHS resources.’

Full story

UK Human Rights Blog, 18th April 2014

Source: www.ukhumanrightsblog.com

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Crohn’s patient Lizzie Rose loses egg-freezing case – BBC News

Posted April 16th, 2014 in assisted reproduction, health, human tissue, judicial review, news by tracey

‘A woman with Crohn’s disease has lost a legal challenge against a decision to refuse NHS funding to freeze her eggs.’

Full story

BBC News, 15th April 2014

Source: www.bbc.co.uk

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‘Let’s Talk FGM’ – Garden Court Chambers Blog

Posted April 8th, 2014 in child abuse, female genital mutilation, health, international law, news by sally

‘Last week, Garden Court Chambers was delighted to welcome the Fabian Women’s Network for an evening of discussion about the pressing issue of female genital mutilation (FGM). On the panel, experts from the fields of law, politics, civil society campaigning and the health services talked about their experiences regarding FGM and made recommendations about what the Government must do if it is serious about ending the practice in the UK.’

Full story

Garden Court Chambers Blog, 7th April 2014

Source: www.gclaw.wordpress.com

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Kent hospitals admit failings over Simon Willson death – BBC News

Posted April 3rd, 2014 in health, hospitals, mental health, negligence, news, suicide by tracey

‘Two NHS trusts have admitted failures in the care of a father of two who was found hanged in a hospital toilet.’

Full story

BBC News, 3rd April 2014

Source: www.bbc.co.uk

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Regulating Health Care Professionals – Law Commission

‘A single clear and consistent legal framework is needed to enable the regulators of health professionals in the UK to modernise and continue to uphold their duty to protect public safety, according to the three Law Commissions of the UK.’

Full story

Law Commission, 2nd April 2014

Source: www.lawcommission.justice.gov.uk

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Murder of baby Callum Wilson by his mother Emma Wilson ‘could have been prevented’, review finds – The Independent

Posted April 1st, 2014 in children, health, murder, news, reports, social services by sally

‘An 11-month-old boy who was beaten to death by his mother could have been saved if health and social workers had raised the alarm about his earlier injuries, a serious case review has concluded.

Full story

The Independent, 31st March 2014

Source: www.independent.co.uk

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Court of Protection: NHS Trust asks judge to rule on hysterectomy for woman with serious mental health condition – The Independent

Posted April 1st, 2014 in consent, Court of Protection, health, medical treatment, mental health, news by sally

‘A woman with a serious mental health condition should undergo a hysterectomy after being handcuffed and escorted by four guards to the operating table, an NHS Trust told a High Court Judge on Monday.’

Full story

The Independent, 31st March 2014

Source: www.independent.co.uk

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Jimmy Savile: Schools and children’s homes face investigation – BBC News

Posted March 27th, 2014 in care homes, education, health, local government, news by tracey

‘Claims Jimmy Savile abused children at 21 children’s homes and schools in England must be investigated by local authorities, the government has said.’

Full story

BBC News, 27th March 2014

Source: www.bbc.co.uk

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Jury gives open verdict on teenager who died after ‘relationship with star’ – The Guardian

Posted March 27th, 2014 in duty of care, health, inquests, mental health, news, suicide by tracey

‘There were “shortcomings” in the care given to a teenager who died in a psychiatric unit after allegedly being pressured by a male celebrity into sexual activity, an inquest jury has concluded.’

Full story

The Guardian, 26th March 2014

Source: www.guardian.co.uk

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Heavily pregnant immigrant carrying dead child wouldn’t seek help as she was afraid she’d have to pay NHS under ‘health tourism’ rules – The Independent

Posted March 21st, 2014 in birth, health, immigration, news, pregnancy by sally

‘A heavily pregnant immigrant thought to be carrying a dead, unborn child was too afraid to seek medical help in the UK after being told she would have to pay the NHS thousands of pounds to remove the foetus, the High Court has heard.’

Full story

The Independent, 20th March 2014

Source: www.independent.co.uk

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Law on hospital blame ‘does not go far enough’ – The Independent

Posted March 10th, 2014 in health, hospitals, inquiries, mistake, news by sally

‘A father who has campaigned for 24 years to hold doctors to account for the death of his son from a treatable disease has said that landmark proposals to impose a duty of candour on all healthcare organisations would be a huge advance – but do not go far enough.’

Full story

The Independent, 9th March 2014

Source: www.independent.co.uk

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Ministers to axe ‘bureaucratic’ rules on school dinners – Daily Telegraph

Posted March 7th, 2014 in food, health, news, school children by tracey

‘ Strict guidelines regulating the amount of sugar in school dinners have been scrapped just as health experts raise alarm over the deteriorating standard of people’s daily diet. The Government said nutritional guidance – setting out the levels of vitamins and minerals in lunches – would be axed because the rules are too complicated.’

Full story

Daily Telegraph, 6th March 2014

Source: www.telegraph.co.uk

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Support for industrial disease victims – Ministry of Justice

‘Sufferers of a deadly industrial disease will be the focus of work to improve the compensation claims process for them, new Justice Minister Lord Faulks said today.’

Full press release

Ministry of Justice, 6th March 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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