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04 December 2008 / Seamus Burns
Issue: 7348 / Categories: Features , Public , Human rights
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Fettered flexibility?

Debbie Purdy’s case endorses the courts’ belief in the need for fl exibility, says Seamus Burns

The claimant, Debbie Purdy, (in Purdy, R (on the application of) v Director of Public Prosecutions & Anor [2008] EWHC 2565 (Admin)), took an action for judicial review and a claim under Art 7 of the Human Rights Act 1998 (HRA 1998).

Ms Purdy claimed that the director of public prosecutions (DPP) had acted unlawfully in failing to publish detailed guidance and “to promulgate a specific policy”, as to the circumstances in which individuals will or will not be prosecuted for assisting another person to commit suicide under the Suicide Act 1961 (SA 1961), s 2(1), and, in particular, where the assisted suicide occurs in a country where the practice is legal.

A further argument of the claimant was that the failure of the DPP to promulgate a specifi c policy or issue detailed guidance on the circumstances  in which a person will or will not be prosecuted for assisting another person to commit suicide, meant that the

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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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