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12 April 2017
Issue: 7742 / Categories: Legal News
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Life support can be withdrawn in tragic case

Doctors can withdraw life-support treatment for an eight-month old baby, Charlie Gard, who suffers a rare genetic condition and has brain damage, the High Court has held.

The baby’s condition causes progressive muscle weakness and brain damage. After carefully considering evidence for three days, Mr Justice Francis said it was in Charlie’s best interests for artificial ventilation to be withdrawn, for him not to undergo nucleoside therapy and for him to be provided with palliative care only.

He paid tribute to the “absolute dedication” of Charlie’s parents, Connie Yates and Chris Gard, who had managed to crowdfund £1.2m to seek experimental treatment in the US.

In reaching his decision in GOSH v Gard (Case No. FD17P00103), Francis J applied the “intellectual milestones” set out in Wyatt v Portsmouth NHS Trust [2005] EWHC 117 (Fam) to decide the child’s best interests, “looking at the question from the assumed point of view of the child”.

He said the parents had “sadly, but bravely, acknowledged that the quality of life that Charlie has at present is not worth sustaining”. After discussion with doctors at Great Ormond Street Hospital (GOSH), the US doctor had agreed any improvement was “unlikely”. There was unanimity among experts that nucleoside therapy could not reverse structural brain damage. The GOSH doctors said they believed Charlie was experiencing pain.

Issue: 7742 / Categories: Legal News
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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