Posted inIssue 12 Public

Discharge of Patients into Care Homes and Covid-19

R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) The High Court (Bean LJ and Garnham J) held in R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) that the Government’s March 2020 Discharge Policy and the April 2020 Admissions Guidance were unlawful to…
May 2, 2023Posted inIssue 12, PublicTags:
Posted inIssue 11 Public

Court of Appeal Refuses Permission to Judicially Review Infected Blood Compensation Scheme

In a judgment handed down on 4 February 2022, the Court of Appeal dismissed an appeal for permission to apply for judicial review concerning the lawfulness of the England Infected Blood Support Scheme (EIBSS) (the “Scheme”). The Court of Appeal concluded that the Scheme’s exclusion of those infected with hepatitis…
May 24, 2022Posted inIssue 11, PublicTags: ,
Posted inIssue 9 Public

Parental Consent and Puberty Blockers: the fall out from Bell

AB v CD & Ors [2021] EWHC 741 (Fam) In the last issue of QMLR this author considered the High Court’s decision in Bell v Tavistock, which concerned whether children were capable of consenting to puberty blockers (“PBs”) as treatment for gender dysphoria. A three-judge panel in the Divisional Court…
July 5, 2021Posted inIssue 9, PublicTags: ,
Posted inIssue 9 Public

The Vaccine Damages Payment Scheme

As of 26 July 2021, over 83.8 million vaccines against coronavirus have been given in the UK. Vaccination is continuing at a rate of around 205,000 doses per day. But what can a person do if they suffer a severe disablement due to their vaccine? Since 31 December 2020, one…
July 5, 2021Posted inIssue 9, PublicTags:
Posted inIssue 8 Public

Medical Termination of Pregnancy and the Home of a Pregnant Woman

R (on the application of Christian Concern) v Secretary of State for Health and Social Care [2020] EWCA Civ 1239 The Court of Appeal has determined that the Divisional Court was right to refuse permission to bring judicial review proceedings challenging a ministerial decision to approve “the home of a…
April 15, 2021Posted inIssue 8, Public
Posted inIssue 8 Public

Children, Informed Consent and Puberty Blockers

Bell & Anor v The Tavistock And Portman NHS Foundation Trust [2020] EWHC 3274 (Admin) Introduction This was a claim for judicial review of the practice of the Defendant’s Gender Identity Development Service (GIDS) and two other Trusts joined as Interveners (University College London and Leeds Teaching Hospitals NHS Trusts)…
April 1, 2021Posted inIssue 8, PublicTags: ,
Posted inPublic Special Issue

Abortion and a Woman’s Home

R (on the application of Christian Concern) v Secretary of State for Health and Social Care [2020] EWCA 1546 (Admin)  The High Court refused the Appellant permission to bring a judicial review against the decision of the Secretary of State to approve ‘the home of a woman’ as being a…
July 1, 2020Posted inPublic, Special IssueTags:
Posted inIssue 5 Public

Transgender Fathers and Birth Certificates

R (McConnell and YY) v Registrar General [2020] EWCA Civ 559  This article was originally published in Issue 5 (May 2020). The Court of Appeal has revisited the tension between the wish of a transgender person to have their legal gender recognised on their child’s birth certificate and the right of…
May 1, 2020Posted inIssue 5, PublicTags: ,
Posted inIssue 5 Public

A Blow for Big Pharma

Bayer Plc & Anor v NHS Darlington CCG & Ors [2020] EWCA Civ 449  This article originally appeared in Issue 5 (May 2020). In the interesting case of Bayer Plc v NHS Darlington Clinical Commissioning Group [2020] EWCA Civ 449 in the Court of Appeal, two pharmaceutical companies, Bayer Plc…
May 1, 2020Posted inIssue 5, Public
Posted inClinical negligence Costs Court of Protection Inquests Issue 5 Personal injury Procedural Public Quantum Regulatory

In Brief – May 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 5, May 2020. M (Declaration of Death of Child) [2020] EWCA Civ 164 – Issue was whether the child, Midrar, was legally dead…
May 1, 2020Posted inClinical negligence, Costs, Court of Protection, Inquests, Issue 5, Personal injury, Procedural, Public, Quantum, RegulatoryTags: