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28 July 2017
Issue: 7757 / Categories: Legal News , Human rights
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Salutary lessons from the Charlie Gard case

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Taking an objective position in a case such as that of Charlie Gard is ‘realistically impossible’ which is why families cannot be the final arbiters, writes solicitor David Locke in NLJ.

The terminally ill baby boy was the subject of a high-profile and fractious court battle between his parents, who wished to take him to the US for experimental treatment, and doctors at Great Ormond Street Hospital (GOSH), who said this would not be in the baby's best interests.

Writing in NLJ, David Locke, a partner in the health litigation team at Hill Dickinson, says: ‘The obligation to take an objective position, in a situation which is by definition so personally emotive, is realistically impossible. It is the same unavoidable, yet understandable, subjectivity in the determination of the best interests of a sick child which mean families cannot be the final arbiters. Any attempt to argue the contrary is no doubt an interesting philosophical exercise, but it certainly does not reflect a workable reality.’

Locke adds: ‘It is important (and perhaps hardest) to understand that what will not be directly relevant to the assessment are the parents’ wishes. What is wished may or may not coincide with what the evidence indicates is in the child’s best interests. In some respects the likely divergence between these positions is at the heart of each litigated matter, and it is worth noting that medical professionals cannot be obliged to provide treatment which is futile.’

Mr Justice Francis, the presiding judge, indicated after the case that he believes mediation should be attempted in similar cases, and litigation avoided where possible.

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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