AM, R (on the application of) v The General Medical Council

AM, R (on the application of) v The General Medical Council

It would conflict with constitutional rights of access to the courts and to legal advice if solicitors or third parties were exposed to criminal or disciplinary sanctions for obtaining or providing information for the purpose of preparing a judicial review application. Such acts are too remote from the act of suicide to fall within section 2(1) of the Suicide Act 1961. A declaration is appropriate to clarify that solicitors and third parties may lawfully obtain and provide information and advice for the purposes of the application.

Parties
Claimant: AM (referred to as Martin); 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 Leave for Judicial Review
Outcome
Interim declaration granted (precise wording to be agreed or determined by the court); directions given for further case management; costs in the case.
Legal Topics
Assisted Suicide, Access to Courts, Legal Professional Privilege, Article 8 ECHR, Disciplinary Proceedings
Constitutional Law Criminal Law Human Rights Assisted Suicide Access to Courts Legal Professional Privilege Article 8 ECHR Disciplinary Proceedings

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Parties

AM (referred to as Martin)

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 Leave for Judicial Review

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 exposure to criminal or disciplinary sanctions
  2. 2 Whether a declaration should be granted to clarify the legal position for solicitors and experts assisting in the preparation of the application

Ratio Decidendi

It would conflict with constitutional rights of access to the courts and to legal advice if solicitors or third parties were exposed to criminal or disciplinary sanctions for obtaining or providing information for the purpose of preparing a judicial review application. Such acts are too remote from the act of suicide to fall within section 2(1) of the Suicide Act 1961. A declaration is appropriate to clarify that solicitors and third parties may lawfully obtain and provide information and advice for the purposes of the application.

Court Disposition

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

Orders

  • Declaration to be drafted clarifying that solicitors and third parties may lawfully obtain and provide information and advice for the purposes of preparing the judicial review application.
  • Parties to agree on the precise wording of the declaration or submit alternatives for the court's decision.