“…The judgment below was handed down some four days before the publication of this court’s decision in R (VC) v Secretary of State for the Home Department [2018] EWCA Civ 57. In the light of that decision, Mr Brown for the Respondent accepts that the judge’s statement as to the burden of proof (in paragraph 56) was wrong. He submit…”
“…the Home Department [2013] EWCA Civ 1361; [2014] 1 WLR 1870 at [65] per Lloyd Jones LJ (as he then was), and R(VC) v Secretary of State for the Home Department [2018] EWCA Civ 57; [2018] 1 WLR 4781 (“VC”) at [114] per Beatson LJ). However, in this case, the Deputy Judge found that medical assistance was available at all relevant times, …”
“…rd applicable was that of the balance of probabilities: see the discussion in the judgment of Beatson LJ in R (VC) v Secretary of State for the Home Department [2018] EWCA Civ 57, [2018] IWLR 4781. In those circumstances, it is convenient to do as the judge did and to divide the overall period into two parts reflecting the two different…”