header-logo header-logo

04 December 2008 / Seamus Burns
Issue: 7348 / Categories: Features , Public , Human rights
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll