AM, R (on the application of) v The General Medical Council [2012] EWHC 470 (Admin) (27 January 2012)

AM, R (on the application of) v The General Medical Council [2012] EWHC 470 (Admin) (27 January 2012)

Solicitors and third parties may lawfully obtain and provide information and advice for the purpose of preparing and presenting a judicial review application concerning assisted suicide, and such acts do not constitute an offence under section 2(1) of the Suicide Act 1961 nor grounds for disciplinary sanction, as to hold otherwise would conflict with the constitutional right of access to the courts and legal advice.

Citation
[2012] EWHC 470 (Admin)
Parties
Claimant: AM; First Defendant: Director of Public Prosecutions; Second Defendant: Solicitors Regulation Authority; Third Defendant: General Medical Council
Jurisdiction
England and Wales
Judgment Date
27 January 2012
Procedural Posture
Judicial Review / Interim Application for Declaration Prior to Grant of Leave
Outcome
Declaration granted (precise wording to be agreed or determined by the court); directions for further case management given; costs in the case.
Legal Topics
Assisted Suicide, Access to Courts, Legal Professional Privilege, Article 8 ECHR, Disciplinary Proceedings
Administrative Law Criminal Law Human Rights Assisted Suicide Access to Courts Legal Professional Privilege Article 8 ECHR Disciplinary Proceedings

Case Brief

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Parties

AM

Claimant

Director of Public Prosecutions

First Defendant

Solicitors Regulation Authority

Second Defendant

General Medical Council

Third Defendant

Procedural Posture

Judicial Review / Interim Application for Declaration Prior to Grant of Leave

Legal Issues

  1. 1 Whether solicitors and third parties may lawfully obtain or provide information and advice for the purpose of preparing a judicial review application concerning assisted suicide without risk of criminal or disciplinary sanction
  2. 2 Whether a declaration should be granted clarifying this position

Ratio Decidendi

Solicitors and third parties may lawfully obtain and provide information and advice for the purpose of preparing and presenting a judicial review application concerning assisted suicide, and such acts do not constitute an offence under section 2(1) of the Suicide Act 1961 nor grounds for disciplinary sanction, as to hold otherwise would conflict with the constitutional right of access to the courts and legal advice.

Court Disposition

Declaration granted (precise wording to be agreed or determined by the court); directions for further case management given; costs in the case.

Orders

  • Declaration to be granted clarifying that solicitors and third parties may lawfully obtain and provide information and advice for the purpose of preparing the judicial review application.
  • Precise form of declaration to be agreed between parties or determined by the court on written submissions.