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27 April 2007
Issue: 7270 / Categories: Case law , Law reports
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Human rights—Embryo—Frozen stored embryos

Evans v United Kingdom (App. No. 6339/05), [2007] All ER (D) 109 (Apr)

European Court of Human Rights, Grand Chamber

Judges Rozakis (President), Costa, Bratza, Zupancic, Lorenzen, Turmen, Butkevych, Vajic, Tsatsa-Nikolovska, Baka, Kovler, Zagrebelsky, Mularoni, Spielmann, Jaeger, Thor Bjorgvinsson and Ziemele, and Mr E Fribergh (Registrar)

10 April 2007

Where the issue is one of the right to respect for the decision to become a parent in the genetic sense, the margin of appreciation to be afforded to the respondent state under Art 8 of the European Convention on Human Rights (the Convention) has to be a wide one.

The applicant had to have both ovaries removed, but she and her partner, J, were informed that it would be possible first to extract some eggs for in vitro fertilisation (IVF) if the procedure was carried out quickly. Both the applicant and J signed a form consenting to the IVF treatment and that, in accordance with the provisions of the Human Fertilisation and Embryology Act 1990 (HFEA 1990), it would be possible for either to withdraw

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MOVERS & SHAKERS

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NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
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