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04 August 2011
Issue: 7477 / Categories: Case law , Law digest , In Court
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Health

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

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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