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06 August 2009
Issue: 7381 / Categories: Legal News , Human rights
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An end to the suffering

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House of Lords closes with landmark ruling on assisted suicide

The law lords have unanimously ruled in favour of Debbie Purdy’s Art 8 rights, in the very last judgment of the House of Lords before it is replaced by the Supreme Court.

Purdy, who suffers from multiple sclerosis, had asked for the Director of Public Prosecutions (DPP) to issue an offense-specific policy on whether or not her husband would be prosecuted if he accompanied her to the Dignitas clinic in Switzerland where she hopes to end her life.

The House of Lords overturned the Court of Appeal’s earlier ruling that the DPP was acting lawfully in refusing to do so.

This means the DPP will now set out the circumstances under which someone may be prosecuted for accompanying someone to die abroad. Currently the law says that a person can be imprisoned for up to 14 years for doing so, although no one has been prosecuted.

Purdy’s solicitor, Saimo Chahal, partner at Bindmans, says: “It’s a fantastic victory and all the sweeter for the fact that it is a unanimous decision and the very last judgment of the House of Lords which expands the ambit of Art 8 of the European Convention on Human Rights.

"It is important that the DPP should now wake up to the need to publish an offence specific policy in this area. I hope that he will go a long way towards indicating that there are very many factors against prosecution in the public interest in cases involving assistance to a person who is mentally capable, where she or he has a terminal illness or incurable disease and decides to have an assisted suicide in a county where it is legal.”

Corinne Slingo, partner at law firm Beachcroft LLP, says: “The decision comes as no surprise from a purely legal analysis of the DPP’s duties, and interpretation of the Suicide Act 1961.

“The Lords were clear that they do not seek to change the law on assisted suicide, but merely to interpret the law, and thus where uncertainty exists, to recommend how best to achieve clarity.”

 

Issue: 7381 / Categories: Legal News , Human rights
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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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