Category: necessity

Rashid v Chief Constable of West Yorkshire Police [2020] EWHC 2522 (QB), [2020] All ER (D) 02 (Oct) – Parklane Plowden Chambers

Posted November 19th, 2020 in accidents, evidence, insurance, necessity, news, police, road traffic, wrongful arrest by sally

‘The court held that whereas reasonable grounds for suspecting someone has committed an offence sets a low evidential hurdle, the second requirement for an arrest to be lawful (for the Police to prove that there were reasonable grounds to believe the arrest was “necessary”) sets a comparatively high evidential hurdle and the police could not objectively evidence that the arrest was “necessary” when the GP would have been prepared to voluntarily attend the police station and the reasons given by the Police for the “necessity” of arresting the GP were baseless.’

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Parklane Plowden Chambers, 11th November 2020

Source: www.parklaneplowden.co.uk

How to apply the DPA – Panopticon

Posted January 16th, 2015 in data protection, disclosure, freedom of information, necessity, news by sally

‘Section 40 of FOIA is where the Freedom of Information Act (mantra: disclose, please) intersects with the Data Protection Act 1998 (mantra: be careful how you process/disclose, please).’

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Panopticon, 15th January 2015

Source: www.panopticonblog.com

Right to die: the issues before the Supreme Court – Halsbury’s Law Exchange

Posted January 21st, 2014 in assisted suicide, crime, defence, evidence, necessity, news, Supreme Court by sally

‘Tony Nicklinson lost his legal battle in 2012 for a judicial ruling that, were his wife to administer life-ending drugs to him at his express request, she would not be liable to prosecution for murder.’

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Halsbury’s Law Exchange, 20th January 2014

Source: www.halsburyslawexchange.co.uk

JO v GO and others – WLR Daily

Posted December 17th, 2013 in Court of Protection, jurisdiction, law reports, mental health, necessity, Scotland by sally

JO v GO and others [2013] EWHC 3932 (COP); [2013] WLR (D) 495

‘The English Court of Protection had no jurisdiction under section 7(1)(a) of the Mental Capacity Act 2005 to exercise its functions under the Act in relation to an incapacitated adult no longer habitually resident in England and Wales. In the case of an adult lacking capacity to decide where to live, habitual residence could in principle be lost and another habitual residence acquired without the need for any court order or other formal process. Provided that the removal had not been wrongful the doctrine of necessity applied; what was required was a decision taken by a relative or carer which was reasonable, arrived at in good faith and taken in the best interests of the assisted person. There was nothing in the 2005 Act to displace that approach.’

WLR Daily, 13th December 2013

Source: www.iclr.co.uk

Right-to-die man awaits court ruling – BBC News

Posted July 31st, 2013 in appeals, assisted suicide, human rights, medical ethics, necessity, news by sally

“The Court of Appeal is due to rule on the case of a paralysed man who wants to be helped to die.”

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BBC News, 31st July 2013

Source: www.bbc.co.uk

Regina (Nicklinson) v Ministry of Justice (Attorney General and another intervening); Regina (AM) v Director of Public Prosecutions and others (Same intervening) – WLR Daily

Posted August 20th, 2012 in assisted suicide, EC law, euthanasia, human rights, law reports, murder, necessity by sally

Regina (Nicklinson) v Ministry of Justice (Attorney General and another intervening); Regina (AM) v Director of Public Prosecutions and others (Same intervening) [2012] EWHC 2381 (Admin); [2012] WLR (D) 248

“The court should not depart from the long established position that voluntary euthanasia was murder unless article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms required that it be recognised as a possible defence to a murder charge under the doctrine of necessity, which was not the case.”

WLR Daily, 16th August 2012

Source: www.iclr.co.uk

BC Supreme Court grasps the nettle in right to die case – UK Human Rights Blog

Posted June 21st, 2012 in assisted suicide, necessity, news by sally

“Interest in the ‘locked-in syndrome’ cases currently before the High Court runs high. We posted here on the permission granted to locked-in sufferer Tony Nicklinson to seek an advance order from the court that would allow doctors to assist him to die under the common law defence of necessity.”

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UK Human Rights Blog, 21st June 2012

Source: www.ukhumanrightsblog.com

Regina v S(C) – WLR Daily

Posted March 2nd, 2012 in child abduction, child abuse, law reports, necessity by tracey

Regina v S(C): [2012] EWCA Crim 389;  [2012] WLR (D)  54

“Where the purpose of a legislative scheme was to ensure that a child could be subject to the protection of the court, there would be no defence of necessity available in respect of the offence of removing a child from the jurisdiction of England and Wales.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Regina (Ghai) v Newcastle upon Tyne City Council – Times Law Reports

Posted May 18th, 2009 in burials and cremation, human rights, judicial review, law reports, necessity by sally

Regina (Ghai) v Newcastle upon Tyne City Council

Queen’s bench Division

“The orthodox Hindu belief in the necessity of open-air cremation as a manifestation of belief within the meaning of article 9 of the European Convention on Human Rights was limited by statutory provisions which were justified under article 9.2 of the Convention.”

The Times, 18th May 2009

Source: www.timesonline.co.uk