Source: All England Reporter
Publisher Citation: [2014] All ER (D) 181 (Jan)
Neutral Citation: [2014] EWCA Civ 33
Court: Court of Appeal, Civil Division

Lord Dyson MR, Lord Justice Longmore and Lord Justice Ryder

Representation Philip Havers QC, Jeremy Hyam and Kate Beattie (instructed by Leigh Day & Co) for the claimant.
  Lord Faulks QC and Simon Murray (instructed by Kennedys Law LLP) for the first defendant.
  Vikram Sachdeva (instructed by the Treasury Solicitor) for the Secretary of State.
  David Wolfe QC (instructed by Equality and Human Rights Commission) for the interested party.
Judgment Dates: 24 January 2014


Human rights - Infringement of human rights - Right to life - Claimant's wife, T, being admitted to first defendant's hospital - Doctor placing 'do not attempt cardio-pulmonary resuscitation' (DNACPR) notice on T's notes - DNACPR notice being cancelled - Second DNACPR notice being placed on T's file - T dying - Claimant issuing judicial review proceedings - Judge refusing permission to proceed - Claimant appealing - Whether judge erring - European Convention on Human Rights, art 8.

The Case

Human rights Infringement of human rights. The claimant issued judicial review proceedings concerning the placing of a 'do not attempt cardio-pulmonary resuscitation' (DNACPR) notice on his deceased wife's notes. The judge refused permission on the basis that the claim was academic and would require a wide-ranging inquiry. The claimant appealed. The Court of Appeal, Civil Division, held that the judicial review application should go forward before the instant court. The claimant's case was not academic and the judge's fear of a wide-ranging inquiry was misplaced. Further, the claim against the Secretary of State that it was unlawful not to have a national policy in relation to DNACPR notices was not unarguable.

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