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04 August 2011
Issue: 7477 / Categories: Case law , Law digest , In Court
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Health

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

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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