cases for judicial precedent

Gillick v West Norfolk and Wisbech Area Health Authority – a mother challenged the decision of a doctor to provide contraceptive advice to her young daughter without the mother’s consent. There was no parliamentary law on this topic and no previous similar case had been heard by the courts. The House of Lords decided that such advice could be given provided the girls were able to understand the issues involved. This became a precedent for future similar cases.

Airedale NHS Trust v Bland - a victim of the Hillsborough disaster was left in a persistent vegetative state. The doctors and his family applied to the court for an order that he should be allowed to die as there was no prospect of him regaining consciousness. There was no parliamentary law on this topic and no previous similar case had been heard by the courts. The House of Lords decided that such an order could be made provided the death was by an omission – a failure to treat –rather than by a positive act. This became a precedent for future similar cases.