Bell -v- Tavistock overturned. Court overstepped the mark by giving guidance on puberty blockers in a case which the claimant had effectively lost. Sounds like the right outcome judiciary.uk/judgments/bell…
The Court of Appeal was clear that it was not for the High Court in this judicial review to reach factual conclusions on matters of highly contested (in these proceedings) issues
The judgment has restated Gillick which was never overturned, and (importantly) said there was nothing inherent in the prescription of puberty blockers which made it different to the subject matter of Gillick (contraception) or Axon (abortion). This is an important statement
The courts found that the High Court understandably (I guess from a psychological perspective?) wanted to opine on the general question of when a child might consent to puberty blockers but should not have
The court also put an unnecessary and in the circumstances unjustified hurdle in front of parents and children by suggesting a court order would be appropriate to obtain puberty blockers in many cases
Some unnecessary windowdressing at the end but judges can’t resist on these topics, can they? Anyway, the summary is that Gillick has been restored and the first court hugely overstepped by treating puberty blockers as a special case
I expressed some concerns about the judgment originally, including the issue which the court now raise about puberty blockers leading inevitably to other treatments, but I didn’t spot the basic errors that the Court of Appeal now highlight. The benefits of the appeal system
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Have had a proper detailed read of this judgment now - it’s a polite but very sharp evisceration of the High Court judgment. Particularly the way the lower court handled the evidence and factual findings
It’s this bit and what follows. It is quite extraordinary that the claim failed and the court said it wasn’t its place to reach findings on controversial medical topics but nonetheless it went on to do exactly that
The court of appeal was polite enough but the judges in court below will be wincing I imagine
The reality is that security outside synagogues, usually a mixture of volunteers and professionals, has been the norm since I was a child. I don't remember a time when anyone took the safety of synagogues for granted
Although, a recent judicial review permission decision which I will post soon (not publicly available) says people aren’t detained (strictly ‘deprived of liberty’) despite being stuck in a guarded hotel room with 15 mins exercise in the car park per day. I think that’s wrong
Here is the judgment in Khalid - permission decision (first stage of Judicial Review). Mr Justice Linden held that hotel quarantine (which for most people is 23 hrs 45 mins per day stuck in a guarded room) is not even arguably a deprivation of liberty (!) …ughtystreetchambers-my.sharepoint.com/:b:/g/personal…
Some detail (via @gabrielquotes) on the question I have been wondering about for a few months - why Lord Sumption is no longer on the Supreme Court supplementary panel. whatdotheyknow.com/request/765192…
"Applications are considered by trained Departmental staff, following detailed procedures designed by public health professionals and are supported by medically qualified public health professionals"
What does "are supported by" mean? Who knows
In May over 35,000 people had been through the hotel quarantine system, so it stands to reason that it is tens of thousands more by now