Guest guest Posted March 2, 2010 Report Share Posted March 2, 2010 Hi Errors in fact or law are appeallable in the UK. Absurd inference from the facts or a similar misinterpretation of the law based on erroneous facts make a good appeal case. I don't know if 'unconscionable' is included in English law but decisions striking against 'equity' might very well be. The essence of a 'fair trial' in enshrined in our Human Rights Act (HRA), so an argument that a decision is either preverse or unfair would also make a good a appeal under the HRA. Can't cite the case law without routine access to Bristol ~ difficult at the moment ~ may have to start a business to remedy that. Bob (legally and medically ~ a layman) > > > HI > > We need to realize what our position is relative to others. In US case law, the ruling in Rochin v. California coined the legal term " shocks the conscience. " What shocked the conscience of the US Supreme Court judges was thepolice and hospital staff forcing Rochin to vomit the morphine capsules that he had swallowed. Admittedly, they passed a tube down his throat and put a vomit-inducing fluid into his stomach. It was basically an assault, but it left no lasting physical damage and was over in the matter of hours. > > On the otherhand, our conditions are systematically ignored. We are not provided the information necessary to offer a valid consent. Quote Link to comment Share on other sites More sharing options...
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