Official website of the Irish Courts service. Full text archive of Supreme Court (from 2001), Court of Criminal Appeal (from 2004) and High Court (from 2003) judgments are posted on the site as soon as they are available from the Courts Service
A man who is almost completely paralysed is taking legal action in a bid to end his life. His solicitors have told the BBC that they believe his case could have major implications for the way prosecutors in England, Wales and Northern Ireland deal with assisted suicides.
Marcia Angell was an editor of the most prestigious medical journal in the world for two decades. She currently gives monthly lectures on ethics to faculty at Harvard Medical School. And she served on a panel that gave advice on medical issues to the White House. But Dr. Angell’s credentials were challenged, Wednesday, in the Supreme Court of British Columbia when a lawyer for the federal Department of Justice tried to prevent her affidavit from being entered in a case concerning physician-assisted suicide.
The B.C. Civil Liberties Association says it wants to challenge Canada's assisted-suicide laws alone. The BCCLA represents four plaintiffs seeking to change Canada's assisted-suicide laws, including a dying woman who won the right to have her trial expedited because her health is failing. Gloria Taylor suffers from amyotrophic lateral sclerosis, also known as Lou Gehrig's disease. On Wednesday, a B.C. Supreme Court judge ruled Taylor's trial should be heard in November because of the woman's rapidly deteriorating condition. A similar lawsuit is simultaneously being brought forward by the Farewell Foundation. The group's co-founder Russell Ogden is lobbying to join the BCCLA's lawsuit if its own challenge is struck down. Ogden argues testimony from his application should be part of the civil liberties association's case because it's unfair to assess the quality of either challenge.
A controversial court that still holds its hearing in private will decide tomorrow whether a pregnant woman with learning difficulties should be forcibly sterilised once she gives birth. Health workers from a local NHS trust and council, who cannot be named for legal reasons, have asked the secretive Court of Protection to decide whether the woman should be forced to have her fallopian tubes cut to stop her falling pregnant again.
A doctor has agreed a baby in a "right-to-life" legal row may be able to interact - but any mental development would only make his fate more tragic. The paediatric neurologist told the High Court the severely disabled child, Baby RB, would remain in a "no chance" situation even if he developed further. He questioned the life the boy would lead if he was capable of cognitive function but physically so disabled.
Debbie Purdy, who wants her husband to accompany her to Switzerland for an assisted suicide without fear of prosecution, took her case to the United Kingdom’s highest court, the House of Lords, for a final appeal this week. Ms Purdy, who has progressive multiple sclerosis, scored an important victory on the first day of the two day hearing, when the director of public prosecutions, Keir Starmer, conceded that article 8 of the European Convention on Human Rights, the right to respect for private life, applies to cases like hers.
The sperm sample of a person undergoing chemotherapy treatment, stored by a hospital for his benefit for future use in case the treatment made him infertile, was property owned by him whose loss or damage entitled him to bring an action for negligence. Moreover, where the circumstances showed there was a bailment of the sperm to the hospital unit storing it, a cause of action for bailment could arise for its loss or damage sounding in damages for psychiatric injury and/or mental distress.
The United Kingdom’s largest independent abortion provider is mounting a High Court challenge to make it possible for women to complete early stage abortions at home. BPAS, formerly known as the British Pregnancy Advisory Service, is asking the court to rule that the 1967 Abortion Act allows women to take the second dose of tablets for an early medical abortion at home. The act says that any treatment for the termination of pregnancy has to be carried out at a hospital or clinic. Early medical abortion, available in the first nine weeks of pregnancy, requires women to take two sets of treatment, mifepristone and misoprostol, 24 to 48 hours apart. Currently in the UK this means two visits to a hospital or clinic.
The 44-year-old, a former international consultant, opted to take her daughter, 9, out of the immunisation programme run at her private school because she had reservations about the safety of the vaccine. After spending hours researching it and speaking with friends in the medical profession, she decided that not enough was known about the long-term effects of the vaccine, and that her child, who has no medical problems, should not have it.
A doctor has said that a baby in a "right-to-life" legal row has the potential to communicate and even operate a wheelchair in years to come. The paediatric neurologist, Professor Fenella Kirkham, told the High Court that Baby RB had the normal intelligence of a one-year-old. She said he was likely to develop language recognition skills and he may be better off at home. The boy's father is fighting an attempt by the hospital to end life support.
A couple have spoken of their shock after an IVF clinic mix-up led to their last embryo being wrongly implanted into another patient. They were further angered when it emerged the other woman was given the morning-after pill. The couple from Bridgend won their case for damages after the mistake at Cardiff's University Hospital of Wales. Cardiff and Vale NHS Trust apologised "unreservedly" for the error and said it had improved checking procedures. The trust admitted gross failures in care and has also agreed to pay an undisclosed settlement to the couple.
Parents battling to keep their seriously ill baby alive have failed to overturn a ruling allowing him to die. The nine-month-old boy has a rare metabolic disorder and has suffered brain damage and respiratory failure. The couple had appealed against a judge's ruling on Thursday that it was in the boy's best interests to withdraw his "life sustaining treatment". The High Court ruling gives doctors at an unnamed NHS trust powers to turn off the ventilator keeping "baby OT" alive.
Twenty-five years ago it was common practice to bring about the deaths of some children with learning disabilities or physical impairments. This paper considers a small number of landmark cases in the early 1980s that confronted this practice. These cases illustrate a process by which external forces (social, philosophical, political, and professional) moved through the legal system to effect a profound change outside that system – primarily in the (then) largely closed domain of medical conduct/practice. These cases are considered from a socio-legal perspective. In particular, the paper analyses the reasons why they surfaced at that time, the social and political contexts that shaped the judgments, and their legacy.
A trainee teacher with primary refractory Hodgkin’s lymphoma has launched a High Court action against her primary care trust, NHS Surrey, which has refused to pay for her treatment with an unlicensed drug. Philippa Bigham, aged 28, from Frimley, Surrey, has been given a prognosis of two years’ survival without a bone marrow transplantation. But her medical team at the Royal Free Hospital in London want her to have treatment with radiolabelled basiliximab, a monoclonal antibody conjugated with radioactive iodine and also known as CHT-25, before she has the transplantation. The primary care trust has refused to pay for the drug, which costs £3000 ({euro}3500; $4900) for a course of treatment. Basiliximab is licensed in the United Kingdom for use in renal transplant rejection but the radiolabelled version is not yet licensed.
A sample of sperm from a person undergoing chemotherapy, which a hospital stored in case he became infertile after the treatment, was that person’s property and its loss or damage was capable of establishing a claim in negligence. Further, where the hospital’s storage was undertaken gratuitously in the sense that it was a bailee of the sperm, any breach of duty in its safe storage causing loss or damage entitled the owner to recover damages in bailment for psychiatric injury and/or mental distress.
The European Court of Human Rights found a violation of the Article 8 right of an HIV-positive opthalmic nurse whose electronic health records were accessed by her colleagues (who were not involved in her medical care), after which her employment contract was not renewed.
Days after an Israeli court made a landmark ruling allowing the family of a deceased 17-year-old girl to harvest and freeze the eggs from her ovaries, the family has apparently bowed to domestic pressure to drop efforts to push ahead with the procedure. The family of Chen Aida Ayish, who was gravely injured in a car crash 10 days ago, had appealed to the court to extract her eggs after doctors declared her brain dead, Israeli media had reported. The court's ruling was unprecedented in Israel, and possibly globally, but immediately sparked a backlash from religiously conservative communities in Israel, a source familiar with the case said yesterday, prompting the family not to take the case any further. Ms Ayish, 17, fell into a coma after she was hit by a car 10 days ago. Doctors at the Kfar Saba hospital pronounced her brain dead last Wednesday, and her parents decided to donate her organs, and probe the possibility of harvesting her eggs.
A 22-stone ex-policeman has lost his Court of Appeal fight to force a health authority to fund obesity surgery. Tom Condliff, 62, said he needed a gastric bypass operation to save his life after becoming obese due to the drugs he takes for long-term diabetes. The Stoke-on-Trent man challenged a decision by North Staffordshire PCT to refuse to fund the procedure. Court judges expressed "considerable sympathy" but ruled the funding policy did not breach human rights laws. Lord Justice Toulson, one of three judges sitting on Wednesday, said: "Anyone in his situation would feel desperate." Mr Condliff, of Talke, who has a body mass index (BMI) of 43 - not high enough under his PCT's rules to qualify for surgery - lost a High Court battle over the decision in April. But his lawyers had argued the PCT had applied a funding policy which was legally flawed and breached his human rights.
Three years ago, Trudy Moore found that her daughter, Samantha, conceived using her husband’s sperm and her sister as a surrogate, was not a genetic match to her husband. Frantic for answers, she confronted her doctor, who suggested in e-mails to Ms. Moore that he may have contaminated her husband’s sample – possibly with 3168.
A man serving a life sentence for a double murder has won a High Court victory over his right to have cosmetic surgery on the NHS. Denis Harland Roberts, 59, currently in a Co Durham jail for killing an elderly couple in East Sussex in 1989, wanted treatment to remove a birthmark. An undisclosed policy operated by Justice Secretary Jack Straw had restricted non-urgent inmate treatment. The case may mean other inmates are considered for similar treatments. However, the Prison Service said it was still "entitled to refuse escorts to hospital on grounds of risk". On Wednesday, London's High Court declared the justice secretary acted unlawfully and "contrary to good administration" in failing to disclose his full policy on medical appointments.