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28 July 2017
Issue: 7757 / Categories: Legal News , Human rights
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Salutary lessons from the Charlie Gard case

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Taking an objective position in a case such as that of Charlie Gard is ‘realistically impossible’ which is why families cannot be the final arbiters, writes solicitor David Locke in NLJ.

The terminally ill baby boy was the subject of a high-profile and fractious court battle between his parents, who wished to take him to the US for experimental treatment, and doctors at Great Ormond Street Hospital (GOSH), who said this would not be in the baby's best interests.

Writing in NLJ, David Locke, a partner in the health litigation team at Hill Dickinson, says: ‘The obligation to take an objective position, in a situation which is by definition so personally emotive, is realistically impossible. It is the same unavoidable, yet understandable, subjectivity in the determination of the best interests of a sick child which mean families cannot be the final arbiters. Any attempt to argue the contrary is no doubt an interesting philosophical exercise, but it certainly does not reflect a workable reality.’

Locke adds: ‘It is important (and perhaps hardest) to understand that what will not be directly relevant to the assessment are the parents’ wishes. What is wished may or may not coincide with what the evidence indicates is in the child’s best interests. In some respects the likely divergence between these positions is at the heart of each litigated matter, and it is worth noting that medical professionals cannot be obliged to provide treatment which is futile.’

Mr Justice Francis, the presiding judge, indicated after the case that he believes mediation should be attempted in similar cases, and litigation avoided where possible.

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NEWS

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
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