CN V Secretary Of State For Health And Social Care
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CN V Secretary Of State For Health And Social Care
''CN v Secretary of State for Health and Social Care'' 022EWCA Civ 86 was an appeal against the refusal of permission to apply for judicial review to challenge the infected blood support scheme administered by the NHS Business Services Authority (NHSBSA) for non-inclusion of those infected with chronic Hepatitis B virus. The appeal was based on the grounds that the exclusion of those infected with HBV from the England Infected Blood Support Scheme (EIBSS) was unreasonable and discriminatory, contrary to article 14 when read in conjunction with article 8 and article 1 protocol 1 (A1P1) of the ECHR. The appellant also claimed that there was different treatment and that the failure to include those infected with HBV was unreasonable, and that the original application for review should not have been deemed out of time. The permission appeal was unanimously dismissed because the application was deemed to be out of time and the claims under article 14 and the one based on unreasona ...
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Court Of Appeal (England And Wales)
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. The C ...
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Ex Gratia
(; also spelled ''ex-gratia'') is Latin for "by favour", and is most often used in a legal context. When something has been done ''ex gratia'', it has been done voluntarily, out of kindness or grace. In law, an ''ex gratia payment'' is a payment made without the giver recognising any liability or legal obligation. Examples Compensation payments are often made ex gratia if a government or organization is prepared to compensate victims of an event such as an accident or similar but not to admit liability to pay compensation or for causing the event. * A company conducting layoffs may make an ex gratia payment to the affected employees that is greater than the statutory payment required by the law, perhaps if those employees had a long and well-performing service with the company. * An insurance company may make an ex gratia payment to customers if a claim does not meet the terms and conditions but the company chooses to make a voluntary payment out of kindness or compassion, wit ...
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History Of Blood Donation In The United Kingdom
History (derived ) is the systematic study and the documentation of the human activity. The time period of event before the invention of writing systems is considered prehistory. "History" is an umbrella term comprising past events as well as the memory, discovery, collection, organization, presentation, and interpretation of these events. Historians seek knowledge of the past using historical sources such as written documents, oral accounts, art and material artifacts, and ecological markers. History is not complete and still has debatable mysteries. History is also an academic discipline which uses narrative to describe, examine, question, and analyze past events, and investigate their patterns of cause and effect. Historians often debate which narrative best explains an event, as well as the significance of different causes and effects. Historians also debate the nature of history as an end in itself, as well as its usefulness to give perspective on the problems o ...
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Contaminated Blood Case Law
Contamination is the presence of a constituent, impurity, or some other undesirable element that spoils, corrupts, infects, makes unfit, or makes inferior a material, physical body, natural environment, workplace, etc. Types of contamination Within the sciences, the word "contamination" can take on a variety of subtle differences in meaning, whether the contaminant is a solid or a liquid, as well as the variance of environment the contaminant is found to be in. A contaminant may even be more abstract, as in the case of an unwanted energy source that may interfere with a process. The following represent examples of different types of contamination based on these and other variances. Chemical contamination In chemistry, the term "contamination" usually describes a single constituent, but in specialized fields the term can also mean chemical mixtures, even up to the level of cellular materials. All chemicals contain some level of impurity. Contamination may be recognized or not and ...
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R (March) V Secretary Of State For Health
''R (March) v Secretary of State for Health'' was a 2010 Judicial review in English law, judicial review which challenged the UK Department of Health and Social Care, Department of Health's decision not to implement Recommendation 6(h) of the Archer Independent Inquiry. The case was important in developing the doctrine of ''error of fact'' in public law which previously had not readily been the subject of judicial intervention. Facts Andrew March, Andrew Michael March, a haemophiliac, along with several thousand other patients was treated with contaminated blood products in the 1970s and 1980s. The Contaminated blood scandal in the United Kingdom, contaminated blood and blood products disaster also occurred in the Republic of Ireland and various compensation schemes and statutory provisions were put in place between 1991 and 2002 on compassionate grounds, without legal liability on the part of the state. However, the level of payments made to similarly infected and affected ...
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A And Others V National Blood Authority And Another
''A and Others v National Blood Authority and Another'', also known as the Hepatitis C Litigation, was a landmark product liability case of 2001 primarily concerning blood transfusions but also blood products or transplanted organs, all of which were infected with hepatitis C, where liability was established under the Consumer Protection Act 1987 and the Product Liability Directive (85/374/EEC) even in the absence of the ability to test to ascertain which blood transfusions were defective. The claimants were 114 individuals, six of whom were considered lead plaintiffs and given close consideration by the judge, Mr Justice Burton. Several of the claimants were minors who had become infected with Hepatitis C in the course of their treatment for leukaemia. The defendants were the National Blood Authority (NBA) and in respect of Wales, the Velindre NHS Trust, Cardiff. The court found that the UK government should have implemented measures to screen donated blood for HCV by March 1 ...
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Martin Spencer
Sir Martin Benedict Spencer (born 19 June 1956) is a British High Court judge. Spencer was educated at Hertford College, Oxford where he completed an MA and the BCL. He was called to the bar at the Inner Temple in 1979, practising from Halisham Chambers from 1981 where he was head of chambers from 2009 to 2016. He took silk in 2003 and served as a recorder from 2011 to 2017. On 2 October 2017, he was appointed a judge of the High Court and assigned to the Queen's Bench Division. He took the customary knighthood in the same year. From 2017, he serves as chair of the Expert Witness Institute The Expert Witness Institute is a UK legal institute for expert witnesses founded by Lord Woolf, Michael Davies (judge) and other legal experts including Sir Robin Jacob and Roger V Clements. It was incorporated as a non-profit making company in ... and since 2019 serves on the Judicial Security Committee. In 1977, he married Lisbet Steengaard Jensen, with whom he has two sons an ...
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Sir Geoffrey Vos
Sir Geoffrey Charles Vos (born 22 April 1955) is a British judge. Since January 2021, he has held the position of Master of the Rolls, the head of civil justice in the court system of England and Wales. Early life Vos was born on 22 April 1955 to Bernard Vos and Pamela Celeste Rose. He was educated at University College School, London and Gonville and Caius College, Cambridge. Career He was called to the bar at Inner Temple in 1977, and took Silk in 1993. He was the Chairman of the Chancery Bar Association from 1999 to 2001 and of the Bar Council in 2007. Judge Between 2005 and 2009 he was a Judge of the Courts of Appeal of Jersey and Guernsey, and a Judge of the Court of Appeal of the Cayman Islands between 2008 and 2009. He sat as a Deputy High Court Judge from 1999 until 2009 and was appointed as a Justice of the High Court, assigned to the Chancery division, in October 2009. He was appointed as a Lord Justice of Appeal in 2013. He was President of the European Netwo ...
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Hepatitis C Virus
The hepatitis C virus (HCV) is a small (55–65 nm in size), enveloped, positive-sense single-stranded RNA virus of the family ''Flaviviridae''. The hepatitis C virus is the cause of hepatitis C and some cancers such as liver cancer ( hepatocellular carcinoma, abbreviated HCC) and lymphomas in humans. Taxonomy The hepatitis C virus belongs to the genus ''Hepacivirus'', a member of the family ''Flaviviridae''. Before 2011, it was considered to be the only member of this genus. However a member of this genus has been discovered in dogs: canine hepacivirus. There is also at least one virus in this genus that infects horses. Several additional viruses in the genus have been described in bats and rodents. Structure The hepatitis C virus particle consists of a lipid membrane envelope that is 55 to 65 nm in diameter. Two viral envelope glycoproteins, E1 and E2, are embedded in the lipid envelope. They take part in viral attachment and entry into the cell. Within the envel ...
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National Health Service
The National Health Service (NHS) is the umbrella term for the publicly funded healthcare systems of the United Kingdom (UK). Since 1948, they have been funded out of general taxation. There are three systems which are referred to using the "NHS" name ( NHS England, NHS Scotland and NHS Wales). Health and Social Care in Northern Ireland was created separately and is often locally referred to as "the NHS". The four systems were established in 1948 as part of major social reforms following the Second World War. The founding principles were that services should be comprehensive, universal and free at the point of delivery—a health service based on clinical need, not ability to pay. Each service provides a comprehensive range of health services, free at the point of use for people ordinarily resident in the United Kingdom apart from dental treatment and optical care. In England, NHS patients have to pay prescription charges; some, such as those aged over 60 and certain state ben ...
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Hypertension
Hypertension (HTN or HT), also known as high blood pressure (HBP), is a long-term medical condition in which the blood pressure in the arteries is persistently elevated. High blood pressure usually does not cause symptoms. Long-term high blood pressure, however, is a major risk factor for stroke, coronary artery disease, heart failure, atrial fibrillation, peripheral arterial disease, vision loss, chronic kidney disease, and dementia. Hypertension is a major cause of premature death worldwide. High blood pressure is classified as primary (essential) hypertension or secondary hypertension. About 90–95% of cases are primary, defined as high blood pressure due to nonspecific lifestyle and genetic factors. Lifestyle factors that increase the risk include excess salt in the diet, excess body weight, smoking, and alcohol use. The remaining 5–10% of cases are categorized as secondary high blood pressure, defined as high blood pressure due to an identifiable cause, such ...
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Hammersmith Hospital
Hammersmith Hospital, formerly the Military Orthopaedic Hospital, and later the Special Surgical Hospital, is a major teaching hospital in White City, West London. It is part of Imperial College Healthcare NHS Trust in the London Borough of Hammersmith and Fulham, and is associated with the Imperial College Faculty of Medicine. Confusingly the hospital is not in Hammersmith but is located in White City adjacent to Wormwood Scrubs and East Acton. History Origins The hospital's origins begin in 1902, when the Hammersmith Poor Law Guardians decided to erect a new workhouse and infirmary on a site at the north side of Du Cane Road somewhat to the north of Shepherd's Bush. The land, adjacent to Wormwood Scrubs Prison, was purchased for £14,500 from the Ecclesiastical Commissioners. A temporary corrugated iron building was erected on the site in 1902 to provide care for victims of a smallpox epidemic that had taken place in the winter of 1901–2. The buildings were designed by ...
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