Abbasi and another v Newcastle upon Tyne Hospitals NHS Foundation Trust [2025] UKSC 15 скачать в хорошем качестве

Abbasi and another v Newcastle upon Tyne Hospitals NHS Foundation Trust [2025] UKSC 15

UKSC 2023/0052; UKSC 2023/0053 - [2025] UKSC 15 Rashid and Aliya Abbasi, the respondents in the first appeal, are the parents of Zainab who was six years old when she died on 16 September 2019. Lanre Haastrup and Takesha Thomas, the respondents in the second appeal, are the parents of Isaiah who died on 7 March 2018. Zainab and Isaiah were in the care of the respective appellants. Indefinite injunctions were granted by the court in both cases. The purpose and effect of these injunctions is primarily to protect the identities of those involved in the care of a patient in respect of whom an application to withdraw treatment is made. In Zainab’s case, they cannot name the small cohort of medical professionals protected by the injunction or give away information that would enable them to be identified. In Isaiah’s case, the range of medical staff protected is wider. The parents appealed against the orders made by the President of the Family Division, which allowed the continuation of the injunctions, on the basis that they now have the effect of preventing the parents meaningfully discussing or writing publicly about the circumstances in which their respective children were treated and died, or mainstream media from doing so if the parents were to spark interest in the circumstances of the cases. The continuation of the injunctions involved a balancing exercise between the competing article 8 rights (which concern the right to privacy) of the hospital staff and the article 10 rights (which concern the right to freedom of expression) of the parents. The Court of Appeal discharged the injunctions, with that order stayed pending an appeal to the Supreme Court. The appellants now appeal to the Supreme Court. The issues are: In Abbasi and another (Respondents) v Newcastle upon Tyne Hospitals NHS Foundation Trust (Appellant): On what basis can injunctions, granted in connection with proceedings initiated to determine whether it is in a child’s best interests that life-sustaining treatment should be withdrawn, be continued once those proceedings have ended? More information is available on our website In Haastrup (Respondent) v King's College Hospital NHS Foundation Trust (Appellant): Was the Court of Appeal right, in balancing the respective article 8 and article 10 rights, to discharge the relevant Reporting Restriction Orders? More information is available on our website: