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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.

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Jurit LLP—Caroline Williams

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Freeths—Michelle Kirkland Elias

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International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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