header-logo header-logo

Health

04 August 2011
Issue: 7477 / Categories: Case law , Law digest , In Court
printer mail-detail

R (on the application of Condliff) v North Staffordshire Primary Care Trust [2011] EWCA Civ 910, [2011] All ER (D) 254 (Jul)

Although the Strasbourg Court had recognised that in principle Art 8 of the European Convention on Human Rights might be relied on to impose a positive obligation on a state to take measures to provide support for an individual, including medical support, there was no reported cases in which the court had upheld such a claim by an individual complaining of the state’s non-provision of medical treatment. It was established law that Art 8 could not be considered applicable each time an individual’s everyday life was disrupted but only in exceptional cases where the state’s failure to adopt measures interfered with the individual’s right to personal development and his or her right to establish and maintain relations with other human beings and the outside world.

Even where such a link existed, regard had to be had to the fair balance that had to be struck between the competing interests of the individual and of the community as a whole, and to the wide margin of appreciation

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll