Discussion in 'Fibromyalgia Main Forum' started by simpsons, Jun 4, 2008.

  1. simpsons

    simpsons Member

    hi this is the one click goup judicial review of the dreadful nice guidelines that push only mental health treatments makeing dr's think its just a mental health iss.

    All ME/cfs charities in uk have written long critical reports on these guidelines but to no avail as yet

    jane bryant's son only 14 and this case is going forward in his name. So fair play to this very ill and brave young man and his mother

    Bruce carruthers is the lead expert in this case is thier website so you can read all about it.

    Permission to repost

    There is to be an all-day Hearing in the High Court in London on the 17th June.

    It is an application for Judicial Review of the NICE guideline on "CFS/ME".

    It is hoped that as many members as possible of the media and public will be able to attend this important hearing.

    A press release will follow.
  2. mezombie

    mezombie Member

    UKers: Perhaps consider sending this to your local news reporters?

    Press Release

    Patients of a devastating illness, Myalgic Encephalomyelitis (M.E.) have today welcomed the news that there is to be a hearing in the High Court in London on the 17th June to decide whether or not to grant permission for a Judicial Review of NICE guidelines on the illness which is sometimes referred to as CFS/ME.

    NICE issued their Guideline for doctors in August last year amid protests from patients and medical researchers that they had not followed correct protocols in producing the Guideline. Patient groups fear that some patients could be pressured into accepting treatments which at best may be useless and at worst could cause real harm.

    The hearing will take place in the High Court at the Royal Courts of Justice on the Strand on 17 June 2008. The hearing is listed to last for half a day and Court will hear legal argument from lawyers representing two ME sufferers as well lawyers for NICE. The precise time and location of the Court room will be published on HM Courts Service website on the afternoon of 16 June:

    For further information please contact Jamie Beagent at

    Leigh Day & Co
    Priory House
    25 St John's Lane
    EC1M 4LB
    T 020 7650 1200
    F 020 7253 4433
    DX 53326 Clerkenwell

  3. simpsons

    simpsons Member

    i have to say i am surprised to see today on one click that the above date for judicial review is not the one click judicial review as i first thought

    today the one click have a message that this is not their review.

    they state on their website that kevin short and duglous frazer (related to gibson inquiry) have quietly been planning this and the one click case does not yet have a court date.

    i'm sorry for any confusion this may have caused.

    Still the pressure is on the government and this will be very interesting to say the least.

  4. Bluebottle

    Bluebottle New Member

    You're not the only one - I thought it was the One Click review too.
  5. tansy

    tansy New Member

    and both seem to be going through to being heard in court an achievement in itself since many requests for a judicial review do not reach this stage.

    tc, Tansy
  6. simpsons

    simpsons Member

    i completely agree.

    i can't wait to see what happens and who is giving evidence.

    I posted on the legal action post the success that they have had in spain. if we could repeat this it would be amazing.

    Here is the link to the spanish success story
    [This Message was Edited on 06/07/2008]
  7. mezombie

    mezombie Member

    "The application today in the High Court in London for permission to proceed with a Judicial Review of the NICE Guideline on "CFS/ME" was successful, and a two-day Hearing has been granted for the autumn."

    [posted by Stephen Ralph on Co-Cure]

  8. Bluebottle

    Bluebottle New Member

  9. findmind

    findmind New Member

    My skin is just bubbling with goosebumps for all you "kin" over the blue!

    I will be watching and waiting for the results of these reviews: maybe the tide has turned in our favor for a change!

    And then THAT will show the CDC! The fools.

  10. saving for future reference.

    many thanks,love fran
  11. Bluebottle

    Bluebottle New Member

    Norwich ME sufferer wins court ruling


    19 June 2008 04:30

    An ME sufferer from Norfolk has won a significant legal victory after a leading judge declared it “in the public interest” for the High Court to rule on claims that treatments being offered on the NHS are “potentially fatal”.

    Myalgic Encephalomyelitis, or chronic fatigue syndrome, has been surrounded by controversy since the first sufferers were diagnosed in the 1980s.

    The condition, which affects an estimated 250,000 people in the UK, has often been met with scorn or disbelief and dismissed as being “all in the minds” of its victims.

    Kevin Short, a university graduate, of Waddington Street, Norfolk; and Douglas Fraser, of London, a former professional concert violinist with the Scottish Philharmonic Orchestra, have both had their careers curtailed by the condition's crippling effects.

    Both men were outraged when, last August, the National Institute for Health and Clinical Excellence (NICE) issued new guidelines for the diagnosis and management of ME.

    They say that, in its guidelines, NICE refused to classify ME as “a disease of the nervous system”, as the World Health Organisation has done, and recommended treatments which they argue are "harmful to patients" or could even prove fatal.

    Mr Fraser and Mr Short took their fight to have NICE's decision overturned to London's High Court.

    Barrister Jeremy Hyam, for the two men, explained that NICE guidelines recommended that ME sufferers be treated with cognitive behavioural therapy (CBT) and graded exercise therapy (GET) in an effort to alleviate their symptoms.

    But, Mr Hyam told the court that, far from curing the condition, the recommended treatments could kill patients.

    “There is a considerable body of evidence that CBT and GET is harmful to patients in a significant number of cases and GET may prove fatal for some patients,” he said, citing an example of one sufferer who collapsed and died coming out of a gym where they had been engaging in GET.

    Mr Hyam argued NICE had failed to take into account any evidence apart from that unearthed by its controlled clinical trials, which he said were not extensive enough.

    NICE had made its recommendations "based on inadequate evidence" and "failed to apply rational and consistent diagnostic criteria", he added.

    "Their reasoning is irrational," he concluded, asking the judge for permission to seek judicial review of the NICE ruling.

    Mr Justice Cranston expressed doubt over whether it was the court's place to rule on medical or scientific matters, but was in the end persuaded that legal issues of "great public importance" were at stake.

    Giving his judgement, and granting permission to seek judicial review, the judge said: "There is no doubt that, as with any debilitating condition that a person may suffer, many of us will know someone, or be connected to someone who has ME or chronic fatigue syndrome.

    “It is a serious condition and the two appellants in this case have suffered a great deal as a result of it.

    “I have indicated that I am very sceptical about the way in which this claim is put. This is not a court of science, or a court of medicine, but a court of law.

    “Given that there is this obvious clash between the bio-medical and the psychosomatic theories of the cause of this condition and the great public interest therein, it seems to me that this case ought to go forward to a full hearing," the judge concluded.

    The case will now go ahead to a full High Court hearing at a date yet to be fixed.
  12. mars_xmu

    mars_xmu New Member

    Bluebottle...just wondering if you know the reference for the court case, as I will post it on another board so folks in UK can us it to support their claim or case.