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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 https://www.supremecourt.uk/cases/docs/uksc-2013-0136-judgment.pdf
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". https://www.bailii.org/ew/cases/EWCA/Civ/2001/1545.html
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 â 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).
3. That the patient is informed of the material risks of taking the medical intervention and the material risks of declining it.
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
https://www.judiciary.uk/wp-content/uploads/2020/12/Bell-v-Tavistock-Judgment.pdf
https://www.judiciary.uk/wp-content/uploads/2020/12/Bell-v-Tavistock-Judgment.pdf
These principles are discussed without reference to case law on this important NHS page on Free and Informed Consent and Gillick Competency. https://www.nhs.uk/conditions/consent-to-treatment/
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. http://www.irishstatutebook.ie/eli/2007/act/28/enacted/en/html
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. https://constitution.congress.gov/constitution/amendment-9/
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." https://www.legislation.gov.uk/aep/Edw1cc1929/25/9/section/XXIX
Another case to read is Burton Hospitals NHS Foundation Trust [2017] EWCA Civ 62 regarding Doctor's obligation to provide information to inform consent. https://www.bailii.org/ew/cases/EWCA/Civ/2017/62.html
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. https://www.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." https://www.gov.uk/guidance/nhs-covid-pass
"If you have a medical reason which means you cannot be vaccinated or tested, you may be asked to self-declare this medical exemption." https://www.gov.uk/guidance/nhs-covid-pass
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"
https://www.legislation.gov.uk/aep/Ann/6/11/part/4
"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"
https://www.legislation.gov.uk/aep/Ann/6/11/part/4
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."
https://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html
"Everyone has the right to refuse to undergo any medical treatment."
https://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html
âEngland appears to be the rock on which the revolutionary waves split and disperse and which starves the coming society even in the womb.â
Karl Marx, (Cologne, December 31, 1848)
https://www.marxists.org/archive/marx/works/1848/12/england-revolution.htm
Karl Marx, (Cologne, December 31, 1848)
https://www.marxists.org/archive/marx/works/1848/12/england-revolution.htm
