Health Risks: Positive Obligations

March 25th, 2020 by James Goudie KC

In R (SXM) v Disclosure and barring Service (2020) EWHC 624 (Admin) (DC) the Court, at paras 81-85, addressed the scope of positive obligations under ECHR Article 8. At para 84, the Court confirmed that there may be “ a positive obligation to provide information concerning health risks to which a person may have been exposed.”

The Court also confirmed, at para 48, that powers under a statutory scheme cannot lawfully be exercised in a way that is “ contradictory to or inconsistent with “ a statutory scheme.

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