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  • Servier Laboratories v NICE

    Carl Gardner
    March 31, 2010

    I’m a bit troubled by the judgment of the Court of Appeal in Servier Laboratories v NICE, in which the Court has granted Servier’s appeal, quashing the National Institute for Clinical Excellence’s decision not to recommend Servier’s drug Protelos […]

    Tags: health, judicial review, medicines
  • The asylum detention problem

    Carl Gardner
    August 12, 2009

    It's frustrating and dispiriting to read the judgment in R (Rostami) v Home Secretary. And I think difficult to work out what you think about the problem of asylum detention generally.

    Tags: asylum, detention, health, human rights, immigration
  • Debbie Purdy, the Lords and assisted suicide: the easy way out?

    Carl Gardner
    July 31, 2009

    I’ve been slow in reacting to the Lords’ final judgment yesterday in R (Purdy) v DPP, partly because I was in Cambridge, but partly because I’ve been worrying at the judgment since I heard the news reports […]

    Tags: crime, health, house of lords, human rights, private life
  • German Constitutional Court: Bavarian smoking ban upheld

    Carl Gardner
    September 3, 2008

    I’m back from Berlin now, but thought you might want to catch up with part two of this summer’s German constitutional litigation over the smoking bans introduced by various Länder. You may recall that the bans in […]

    Tags: german consitutional court, germany, health, smoking
  • Joyce v Health Secretary

    Carl Gardner
    August 8, 2008

    As the lawyer responsible for Part VII of the Care Standards Act, I’m glad that this attempt has failed to limit the misconduct that can be taken into account by the Care Standards Tribunal on an appeal by a […]

    Tags: health, social care, tribunals
  • German Consitutional Court: smoking bans disproportionate

    Carl Gardner
    August 6, 2008

    I’m afraid you need to read German in order to read the recent judgment of the Federal Constitutional Court in which it has ruled unconstitutional smoking bans in Berlin and Baden-Württemberg. There is also a press release which […]

    Tags: german consitutional court, germany, health, smoking
  • Seroxat: the legal questions that must be asked

    Carl Gardner
    March 7, 2008

    Yesterday the Medicines and Healthcare Products Regulatory Agency announced it had decided not to prosecute GlaxoSmithKline for offences under medicines legislation, although it says GSK failed to inform it promptly of data it had from clinical trials suggesting that the […]

    Tags: crime, eu law, health, mental health
  • EU (Amendment) Bill: the Hon. Members for Poland and the NHS

    Carl Gardner
    January 26, 2008

    The Tory MP for Shrewsbury, Daniel Kawczynski, has tabled an interesting amendment which would require the government to renegotiate the Lisbon treaty to insert a declaration that the EU is based on its Christian faith, heritage, culture and […]

    Tags: EU (Amendment) Bill, eu reform treaty, health, religion
  • Health Act 2006: smoking ban now in force

    Carl Gardner
    July 1, 2007

    As has been widely reported, sections 1 to 12 of the Health Act 2006 came into force this morning, in effect introducing a ban on smoking in enclosed public places – including pubs, bars, caffs and restaurants as well […]

    Tags: health, human rights
  • Terri King’s successful unfair dismissal claim

    Carl Gardner
    May 24, 2007

    I’ve just heard a report on BBC News 24 about Southampton Employment Tribunal’s compensatory award of £18,000 for unfair dismissal to Terri King. Ms. King was sacked by her employer, Lymington Citizen’s Advice Bureau, for breaching their client confidentiality policy. […]

    Tags: employment, health, human rights
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