Assessing the COVID guidance judicial review

20 Apr 2021

Speaking to Care Home Environment, BLM partners, Michelle Penn and Chris Dexter analyse the upcoming judicial review brought by Dr Cathy Gardner who, in November 2020 won the first stage of a crowdfunded legal challenge again the Secretary of State for Health and Social Care, NHS Commissioning Board and Public Health England over measures taken to protect those living in care homes. The legal challenge follows the death of Dr Gardner's father after he contracted COVID-19.

The claim itself is brought about by an alleged breach of Articles 2, 3, 8 and/or 14 of the European Convention on Human Rights and the Human Rights Act 1998 - it is claimed that Dr Gardner's father was discriminated against because he was disabled and elderly.

Michelle and Chris discuss within the article that, "It is possible that if breaches of the Human Rights Act are claimed, then these will be made before the end of March 2021 - care providers and their insurers should be live to the fact that claims could be commenced immediately."

You can read the full article here (page 18).

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Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to customers of BLM. Specialist legal advice should always be sought in any particular case.

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Chris Dexter

Chris Dexter


Michelle Penn

Michelle Penn

Partner & Head of Strategic Delivery within Disease Practice Group,

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