Request for judicial review of the 1961 Act, the claimant seeking the right to assisted suicide. Judges: Laing J Citations: [2019] EWHC 3606 (Admin) Links: Bailii Statutes: Suicide Act 1961 2 2A Jurisdiction: England and Wales Human Rights, Health Updated: 04 December 2022; Ref: scu.651356
When considering claims for damages for shock, the court only recognised the action lying where the injury by shock was sustained ‘through the medium of the eye or the ear without direct contact.’ Wright L said: ‘No doubt, it has long ago been stated and often restated that if the wrong is established the wrongdoer … Continue reading Bourhill v Young’s Executor: HL 5 Aug 1942
The claimants challenged the policy issued by the DPP on assisted suicide following the Nicklinson case. Held: The request for judicial review was refused. Sir Brian Leveson P said: ‘It is important not to misunderstand the effect either of the policy or the impact of the amendment to the policy introduced by the DPP. The … Continue reading Kenward and Another, Regina (on The Application of) v The Director of Public Prosecutions and Another: Admn 4 Dec 2015
The claimants each suffered ‘locked in syndrome’ after catastrophic health events, and were unable to commit suicide as they would have wished. In one case, the claimant would have needed assistance to travel to a clinic in Switzerland where he could commit suicide, but the person accompanying and helping him would be at risk of … Continue reading Nicklinson, Regina (on The Application of) v Ministry of Justice: Admn 16 Aug 2012
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
The claimant had suffered a vicious physical assault from which the claimant’s employers should have protected him, and an incompetently performed surgical operation. Three psychiatrists agreed that the aetiology of the claimant’s very severe psychiatric disabilities was complex and that different elements of his mental troubles could be attributed to the two separate tortious incidents. … Continue reading Rahman v Arearose Limited and Another, University College London, NHS Trust: CA 15 Jun 2000
The function of the Director’s office is statutory, and his powers are those laid down. He is not able to excuse possible criminal conduct in advance, and nor could he establish a policy of not applying certain statutory provisions. The Suicide Act could not be re-interpreted in the light of the Human Rights Act to … Continue reading Regina (Pretty) v Director of Public Prosecutions, and Another, Medical Ethics Alliance and Others, interveners: Admn 18 Oct 2001
The Claimant brought his application for judicial review, seeking a declaration under s.4(2) of the 1998 Act that s.2(1) of the 1961 Act, which maintained the previous position at common law and makes assisting suicide a criminal offence, is incompatible with the rights of the Claimant under Article 8 of the European Convention of Human … Continue reading T, Regina (on The Application of) v Ministry of Justice: Admn 9 Oct 2018
Application for leave to appeal after refusal of order allowing withdrawal of his treatment leading to his death within an hour. He wished to argue as to the difference between letting someone die and taking active steps to bring about their death which had been central to the common law for centuries. Held: This was … Continue reading Conway, Regina (on The Application of) v Secretary of State for Justice: SC 27 Nov 2018
Appeal from rejection of claim that section 2(1) of the 1961 infringed the claimant’s human rights. Citations: [2018] EWCA Civ 1431, [2018] WLR(D) 402 Links: Bailii, WLRD Statutes: Suicide Act 1961 2(1) Jurisdiction: England and Wales Citing: At Admn – Conway, Regina (on The Application of) v The Secretary of State for Justice Admn 5-Oct-2017 … Continue reading Conway, Regina (on The Application of) v The Secretary of State for Justice and Others: CA 27 Jun 2018
Application for leave to appeal from refusal of declaration of incompatibility of section 2(1) of the 1961 Act with the claimant’s Article 8 human rights. The case concerns the issue of the provision of assistance to a person with a terminal degenerative disease who wishes to commit suicide, so as to be able to exercise … Continue reading Conway v The Secretary of State for Justice: CA 18 Jan 2018
The Attorney General sought a declaration as to whether it would be the crime of aiding and abetting or counselling and procuring suicide, to distribute a booklet published by the respondent which described various effective ways of committing suicide. The stated aim of the booklet was to help readers overcome the fear of dying. Held: … Continue reading Attorney-General v Able and Others: QBD 28 Apr 1983
The court considered the purpose of section 2 of the 1961 Act. Lord Lane CJ observed: ‘It is clear . . that Parliament had in mind the potential scope for disaster and malpractice in circumstances where elderly, infirm and easily suggestible people are sometimes minded to wish themselves dead. It is a crime, whether you … Continue reading Regina v Hough: CACD 1984
The reasoning in The Wagon Mound did not affect the rule that a tortfeasor takes his victim as he finds him.Lord Parker CJ said: ‘The test is not whether these employers could reasonably have foreseen that a burn would cause cancer and that [the victim] would die. The question is whether these employers could reasonably … Continue reading Smith v Leech Brain and Co Ltd: CA 1962
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was caustive of the death by suicide. Held: Police and … Continue reading Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
Foreseeability Standard to Establish Negligence Complaint was made that oil had been discharged into Sydney Harbour causing damage. The court differentiated damage by fire from other types of physical damage to property for the purposes of liability in tort, saying ‘We have come back to the plain common sense stated by Lord Russell of Killowen … Continue reading Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1): PC 18 Jan 1961
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant appealed against refusal of an award under the 1976 Act. The judge had decided that it was not part … Continue reading Corr v IBC Vehicles Ltd: CA 31 Mar 2006
The defendants had left a manhole uncovered and protected only by a tent and paraffin lamp. A child climbed down the hole. When he came out he kicked over one of the lamps. It fell into the hole and caused an explosion. The child was burned. The Court of Session held that there was no … Continue reading Hughes v Lord Advocate: HL 21 Feb 1963
Application for judicial review, seeking a declaration of incompatibility under s. 4(2) of the Human Rights Act 1998 in relation to the prohibition on assisted suicide contained in s. 2(1) of the Suicide Act 1961 Judges: Sir Brian Leveson P QBD,Whipple DBE J Citations: [2017] EWHC 3181 (Admin) Links: Bailii Statutes: Human Rights Act 1998 … Continue reading T v Secretary of State for Justice: Admn 7 Dec 2017
The court was asked as to the issue of provision of assistance to a person with a serious wasting disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stages. Citations: [2017] EWHC 2447 (Admin), [2017] WLR(D) 634 Links: … Continue reading Conway, Regina (on The Application of) v The Secretary of State for Justice: Admn 5 Oct 2017
Application for permission to appeal against the decision of the Divisional Court refusing permission to apply for judicial review to seek a declaration under section 4(2) of the Human Rights Act 1998 that section 2(1) of the Suicide Act 1961 (‘the 1961 Act’) is incompatible with the European Convention on Human Rights. Judges: McFarlane, Beatson … Continue reading Conway, Regina (on The Application of) v The Secretary of State for Justice: CA 12 Apr 2017
There was an exception in a time Charterparty for ‘fire . . always mutually accepted.’ Held: These words were not sufficient to exclude damage caused by a fire due to the negligent act of stevedores (the charterers’ agents) in the course of loading, since there was no express stipulation to that effect. A wrongdoer was … Continue reading In re Polemis and Furness, Withy and Co: CA 1921
ECHR Article 8-1 Respect for private life Ban on assisted suicide and voluntary euthanasia: inadmissible Facts – The first applicant is the wife of Tony Nicklinson, now deceased, who suffered locked-in syndrome following a stroke. The second applicant was paralysed following a car accident. His condition is irreversible. Both men wish/ed to end their lives … Continue reading Nicklinson and Lamb v The United Kingdom: ECHR 23 Jun 2015
[2017] EWHC 640 (Admin) Bailii Suicide Act 1961, Human Rights Act 1998 4(2) England and Wales Human Rights, Crime Updated: 04 January 2022; Ref: scu.581613
This matter is concerned with the appropriate level of sentencing for the offence of encouraging or assisting suicide pursuant to Section 2(1) of the Suicide Act 1961. It is a crime which is relatively rarely prosecuted. [2014] EWCA Crim 114, [2014] WLR(D) 77 Bailii, WLRD Suicide Act 1961 2(1) England and Wales Criminal Sentencing Updated: … Continue reading Howe, Regina v: CACD 10 Feb 2014
No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs’ claims as employees. An employer has a duty to protect his employees … Continue reading White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998
The claimant suffered a debilitating terminal disease. She anticipated going to commit suicide at a clinic in Switzerland, and wanted first a clear policy so that her husband who might accompany her would know whether he might be prosecuted under the 1961 Act. Held: The court considered the Code for Crown prosecutors, and other Guidance … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions and others: CA 19 Feb 2009
The applicant was terminally ill, and entirely dependent upon her husband for care. She foresaw a time when she would wish to take her own life, but would not be able to do so without the active assistance of her husband. She sought a proleptic permission, a promise that he would not be prosecuted. Held: … Continue reading Regina (on the Application of Pretty) v Director of Public Prosecutions and Secretary of State for the Home Department: HL 29 Nov 2001
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013
A teacher sought damages from his employer after suffering a work related stress breakdown. Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his sickness absences, and given him support. It did not do so. It was liable.Lord … Continue reading Barber v Somerset County Council: HL 1 Apr 2004
The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant. Held: The appeal was allowed, and relief against forfeiture was given. Mummery LJ said: ‘the presence of … Continue reading Dunbar (As Administrator of Tony Dunbar Deceased) v Plant: CA 23 Jul 1997
Standard of Proof of Suicide at Inquest Questions of importance concerning the law and practice of coroners’ inquests where an issue is raised as to whether the deceased died by suicide. The questions can be formulated as follows: (1) Is the standard of proof to be applied the criminal standard (satisfied so as to be … Continue reading Maughan, Regina (on The Application of) v Her Majesty’s Senior Coroner for Oxfordshire: CA 10 May 2019
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The applicant said that the defendant had unlawfully failed to provide detailed guidance under section 10 of the 1985 Act, on the circumstances under which a prosecution might lie of a person performing acts which might assist another to commit suicide. The claimant suffered a severe degenerative illness and anticipated that she would want to … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another: Admn 29 Oct 2008
Mrs Z suffered a terminal disease, and sought to travel to Switzerland supported and assisted by her husband, so that she could terminate her life. She appealed an injunction obtained by the authority to prevent her leaving. Held: The authority had been supporting her. When circumstances came to their attention suggesting she had made a … Continue reading In Re Z (Local Authority: Duty): FD 3 Dec 2004
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
An abandoned boat had been left on its land and not removed by the council. Children tried to repair it, jacked it up, and a child was injured when it fell. It was argued for the boy, who now appealed dismissal of his claim by the Court of Appeal, that the possibility of injury to … Continue reading Jolley v Sutton London Borough Council: HL 24 May 2000
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression. Held: the Inner House had been wrong to characterise the Outer House decision as incorrect. Since the pursuer suffered physical injuries the starting point is that he was a … Continue reading Simmons v British Steel plc: HL 29 Apr 2004
Right to Life Did Not include Right to Death The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not the antithesis of the right … Continue reading Pretty v The United Kingdom: ECHR 29 Apr 2002
The applicant suffered mutiple sclerosis and considered that she might wish to go abroad to end her life. She asked the court to make more clear the guidance provided by the Director as to whether her partner might be prosecuted under section 2(1) if he accompanied her to Switzerland. She said that the failure to … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another: QBD 29 Oct 2008
