What's New
1st of July 2004 Ormerods & Coningsbys merge!
Coningsbys (and latterly as Ormerods) has dealt with a number of cases that have recently been in the national news headlines.
Jepson v West Mercia Police. This case was originally brought against the decision of the West Mercia Police not to prosecute doctors for conducting an abortion on a 28 week old unborn baby with cleft palate. Various parties have intervened, namely the Secretary of State for Health, the Royal College of Obstetricians and Gynaecologists, Antenatal Results and Choices and Disability Awareness in Action. The original case sought various orders from the Court, namely a declaration that cleft palate did not satisfy the definition of serious handicap in section 1(1)(d) of the Abortion Act 1967, that aborting a baby at that stage of the pregnancy was a violation of the human rights of the baby, and lastly that the police reinvestigate the circumstances surrounding the abortion. The Court granted permission to proceed to trial on all of these grounds, and subsequently the police agreed to re‑investigate. The question still remains whether section 1(1)(d) is being applied too liberally and whether an unborn baby at the later stages of pregnancy has human rights. We are looking at proceeding with the case against the Secretary of State for Health to clarify these points.
Burke v General Medical Council Mr Burke suffers from a congenital condition known as cerebella ataxia. As his condition worsens he will need, and wishes to receive, food and water provided by artificial means. The General Medical Council has issued guidance entitled 'Withholding and Withdrawing Life Prolonging Treatments: Good Practice in Decision‑Making'. Mr Burke is concerned that the effects of the guidance are such that his life will be terminated by doctors in circumstances where they deem that his life is no longer worth living. He therefore brought proceedings in the Administrative Court to challenge the legality of the guidance, and won his case. The GMC have appealed the decision and the case is ongoing in the Court of appeal, with a hearing scheduled to begin on 16th May.
Quintavalle v Human Fertilisation and Embryology Authority. In this case Ms Quintavalle on behalf of Comment on Reproductive Ethics sought to challenge a decision of the HFEA to allow the creation of designer babies. The case involved a couple seeking to create a baby with a DNA match to save an older sick sibling. The case went to the House of Lords where Ms Quintavalle was ultimately unsuccessful.