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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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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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