Below is a helpful guide for anyone in the common law nations (UK, US, Canada, NZ, Australia, etc) concerned about unlawful impositions of COVID19 government mandates on vaccines, masks, exemptions, etc.
Vaccines in UK are not mandatory. There is an exemption on evidence of medical reasons and the Supreme Court recognises at common law that denial of free and informed consent is a self certified medical reason. See Montgomery v Lanarkshire [2015] UKSC 11 supremecourt.uk/cases/docs/uks…
In R Wilkinson v Broadmoor : [2001] EWCA Civ 1545, Lady Justice Hale, Supreme Court President, confirmed that forced medical procedure without informed consent "may be sued in the ordinary way for the (common law) tort of battery". bailii.org/ew/cases/EWCA/…
In the judgement it was held that acting under statutory authority provides no defence, therefore the Employer will be guilty of coercion on the threat of battery with regards to unlawful dismissal if express evidence of denial of informed consent are unlawfully rejected.
This will result in a breach of contract and also a Tort that can be sued. The above is why mask "mandate" exemptions were self certified. It is unlawful for Doctors to interfere with the process of free and informed consent. Informed consent is defined in Montgomery as follows:
1. That the patient is given sufficient information – to allow individuals to make choices that will affect their health and well being on proper information.
2. Sufficient information means informing the patient of the availability of other treatments (and forms of testing).
If consent is given but the Patient subsequently proves that information provided at the time breached the above common law test of informed consent, the Tort of battery is committed and the medication is unlawful.
The High Court has found
children incapable of providing Gillick Competency for experimental
medicines with unknown long term effects. Schools therefore risk being
sued for battery if ignoring Parental preferences. See Bell v Tavistock
[2020] EWHC 3274
judiciary.uk/wp-content/upl…
These principles are discussed without reference to case law on this important NHS page on Free and Informed Consent and Gillick Competency. nhs.uk/conditions/con…
The fundamental common law right to free and informed consent, based on the ancient Tort of battery (tresspass to the person), are valid in all 16 Commonwealth Realms and both the Republic of Ireland and USA, where English common law is retained as a body of law.
In Ireland, evidence that English common law rights are retained can be found in the Statute Revision Act (2007) which retained Magna Carta and most of the English Bill of Rights (1688) and much, much more. irishstatutebook.ie/eli/2007/act/2…
In USA, English common law rights are retained by the 9th Amendment of the Constitution "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.", hence why US courts refer to them. constitution.congress.gov/constitution/a…
Law that provides rights sit above normal laws in English law and provide lawful excuse to statutory obligations with this acknowledged by courts. see Art.29 Magna Carta (1297), which states: "we will not deny or defer to any man either Justice or Right." legislation.gov.uk/aep/Edw1cc1929…
Another case to read is Burton Hospitals NHS Foundation Trust [2017] EWCA Civ 62 regarding Doctor's obligation to provide information to inform consent. bailii.org/ew/cases/EWCA/…
Happy for Solicitors to DM and work with me or folk who want to work on template letters to send out.
For those not familiar with our organisation, here are the articles we have written on Covid. westonaprice.org/coronavirus/
Covid passports also recognise self certified free and informed consent.
"If
you have a medical reason which means you cannot be vaccinated or
tested, you may be asked to self-declare this medical exemption."
gov.uk/guidance/nhs-c…
Also see Art.IV Acts of Union (1706-7)
"That
all the Subjects of the UK of GB shall from & after the Union have
full freedom & Intercourse of Trade & Navigation to & from
any port or place within the said UK & the Dominions"
legislation.gov.uk/aep/Ann/6/11/p…
For our friends in New Zealand,
you also have these common law rights, but additionally, Art.11 of your
1990 Bill of Rights states:
"Everyone has the right to refuse to undergo any medical treatment."
legislation.govt.nz/act/public/199…
🚨Covid Pass Exemptions🚨
"customers
may declare a medical exemption directly with you. You & your staff
SHOULD NOT ask for evidence of the exemption."
You must "comply with all the relevant legal obligations, Equalities Act & Guidance (+ Informed consent) nhsx.nhs.uk/covid-19-respo…
People have asked for this to be put into simple English. UK law basically states, your body, your choice. These various legal authorities and government guidance provide fancy ways of stating what we know to be true, that we are free to choose what we put in our bodies.
To support our work in the UK
and access our video library of previous natural health conferences,
visit our website, where you can subscribe for £2 a month.
We also have plenty of free videos for those not familiar with our unique approach to health : westonaprice.london
Seasonal illness is caused primarily by Vitamin D deficiency, not contagion. It is caused by low fat diets & industrial, sun deplete farming (Vitamin D is fat soluble) & statin induced cholesterol deficiency because Vitamin D is produced from cholesterol. westonaprice.org/health-topics/…
Put medical preferences on your last will and testament citing SS v Richmond [2021] EWCOP 31.
Informed consent is has an early
authority in USA that does not seem to have been overturned.
Cardozo J in Schloendorff v Society of New York Hospital 105 NE 92 (NY, 1914) en.wikipedia.org/wiki/Schloendo…
Justice Benjamin Cardozo wrote in the Court's opinion as follows:
"Every human being of adult years and sound mind has a right to determine what shall be done with his own body; and a surgeon who performs an operation without his patient's consent commits an assault for which he is liable in damages. This is true except in cases of emergency,,,
,,where the patient is
unconscious and where it is necessary to operate before consent can be
obtained."
The court found the charitable hospital had immunity, that
the litigant should have sued the surgeon to obtain relief, but that
principle was overturned in Bing v. Thunig 1957
In Chester v Afshar [2004] UKHL
41 The House of Lords decided that a doctor's failure to fully inform a
patient of all surgery risks vitiates the need to show that harm would
have been caused by the failure to inform.
en.wikipedia.org/wiki/Chester_v…
Sidaway vs Bethlem [1985] AC 871
"A
mentally competent patient has an absolute right to refuse to consent
to medical treatment for any reason, rational or irrational, or for no
reason at all, even where that decision may lead to his or her own
death."
bailii.org/uk/cases/UKHL/…