Human Fertilisation & Embryology Authority v Amicus Healthcare Ltd. & Ors [2005] EWHC 1092 (QB) (13 May 2005)

Human Fertilisation & Embryology Authority v Amicus Healthcare Ltd. & Ors [2005] EWHC 1092 (QB) (13 May 2005)

It is lawful for the HFEA to decide not to take enforcement action against the clinic for storing embryos without effective consent, pending the outcome of ECHR proceedings, due to the UK's international obligations. The DPP's indication not to prosecute for such storage is lawful and within prosecutorial discretion. However, a declaration of substantive legitimate expectation in favour of the clinic is refused as inappropriate on the facts and not a matter of principle.

Citation
[2005] EWHC 1092
Parties
Claimant: Human Fertilisation & Embryology Authority; First Defendant: Amicus Healthcare Limited; Second Defendant: Royal United Hospital Bath NHS Trust; Third Defendant: Natallie Evans; Fourth Defendant: Howard Johnston; Interested Party: Secretary of State for Health; Interested Party: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
13 May 2005
Procedural Posture
Declaratory Relief Proceedings (part 8) / Judgment After Hearing on Declarations
Outcome
First and second declarations granted; third declaration refused.
Legal Topics
Embryo Storage, Consent Withdrawal, Legitimate Expectation, Prosecutorial Discretion, International Law Obligations, Interim Measures (echr)
Public Law Human Rights Law Medical Law Embryo Storage Consent Withdrawal Legitimate Expectation Prosecutorial Discretion International Law Obligations +1 more

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Parties

Human Fertilisation & Embryology Authority

Claimant

Amicus Healthcare Limited

First Defendant

Royal United Hospital Bath NHS Trust

Second Defendant

Natallie Evans

Third Defendant

Howard Johnston

Fourth Defendant

Secretary of State for Health

Interested Party

Director of Public Prosecutions

Interested Party

Procedural Posture

Declaratory Relief Proceedings (part 8) / Judgment After Hearing on Declarations

Legal Issues

  1. 1 Whether HFEA may lawfully decline enforcement action against a clinic storing embryos without effective consent, pending ECHR proceedings
  2. 2 Whether DPP's indication not to prosecute for continued storage is lawful
  3. 3 Whether the clinic can rely on HFEA/DPP decisions as a matter of substantive legitimate expectation

Ratio Decidendi

It is lawful for the HFEA to decide not to take enforcement action against the clinic for storing embryos without effective consent, pending the outcome of ECHR proceedings, due to the UK's international obligations. The DPP's indication not to prosecute for such storage is lawful and within prosecutorial discretion. However, a declaration of substantive legitimate expectation in favour of the clinic is refused as inappropriate on the facts and not a matter of principle.

Court Disposition

First and second declarations granted; third declaration refused.

Orders

  • Declaration: It is lawful for HFEA to take no action against the clinic for storing embryos without effective consent pending ECHR proceedings and related legislative changes or expiry of statutory storage period.
  • Declaration: It was lawful for the DPP to indicate no prosecution would be brought for storage to date and to set out policy regarding future prosecutions in light of ECHR proceedings.