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Health

04 August 2011
Issue: 7477 / Categories: Case law , Law digest , In Court
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R (on the application of Condliff) v North Staffordshire Primary Care Trust [2011] EWCA Civ 910, [2011] All ER (D) 254 (Jul)

Although the Strasbourg Court had recognised that in principle Art 8 of the European Convention on Human Rights might be relied on to impose a positive obligation on a state to take measures to provide support for an individual, including medical support, there was no reported cases in which the court had upheld such a claim by an individual complaining of the state’s non-provision of medical treatment. It was established law that Art 8 could not be considered applicable each time an individual’s everyday life was disrupted but only in exceptional cases where the state’s failure to adopt measures interfered with the individual’s right to personal development and his or her right to establish and maintain relations with other human beings and the outside world.

Even where such a link existed, regard had to be had to the fair balance that had to be struck between the competing interests of the individual and of the community

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
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Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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