Another week, another seminal case. In Pretty v UK (2002) 35 EHRR 1, it was held , for the first time, I might add, that Article 3 ‘treatment’ can include mental suffering (at para 54). For more information on the Pretty case, please read it in full here: https://www.bailii.org/eu/cases/ECHR/2002/427.html
Tag: Medical Law
N. v. THE UNITED KINGDOM – 26565/05 [2008] ECHR 453
Another week, another big case related to medical law and immigration. Just like the previous case of D, in N v UK, the European Court of Human Rights found that there must be a real risk of imminent death in the receiving country (at para 23). Looking at D based on its facts, the Court found … Continue reading N. v. THE UNITED KINGDOM – 26565/05 [2008] ECHR 453
D. v. the United Kingdom (1997) ECHR 25
This case of D is probably one of the most well-known and widely-sighted cases. In the case of Article 3 medical claims based on physical illness, the threshold was set by D v United Kingdom (1997) 24 EHRR 423. It meant that the previous threshold test for Article 3 medical claims were unattainably high - Firstly, … Continue reading D. v. the United Kingdom (1997) ECHR 25
JAMES KEARSEY v NURSING & MIDWIFERY COUNCIL (2016)
A nurse appealed against the respondent NMC's decision to remove him from the medical register for misconduct. The charges proven against the appellant were that he had been convicted of assault by beating his partner, he had failed to report his conviction to his employer or the NMC, and he had knowingly and dishonestly provided … Continue reading JAMES KEARSEY v NURSING & MIDWIFERY COUNCIL (2016)
Law Lessons 4 Life 