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Deirdre Fottrell KC, Andrew Powell and Tom Wilson (instructed by Louisa Ghevaert Associates) for the Applicant Claire Watson KC (instructed by Human Fertilisation and Embryology Authority) for the 1st Intervenor Jessica Boyd KC (instructed by Government Legal Department) for the 2nd Intervenor Hearing dates: 15th and 16th May 2024 ____________________
Applying the approach that she had described to the facts, Theis J held that to require his wife's written consent to the posthumous use of the embryo was an unlawful interference with Mr Jenning's Art 8 rights:
It is of note that N is not recorded as referring to the use of her stored eggs at any stage in this extensive consultation.
Ms Boyd did, however, accept that there may be cases so anomalous the court can find a breach notwithstanding a bright line rule being otherwise justified.
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