Archive for the Judicial Review Category

Countdown: Judicial Review NICE CFS/ME Guideline

Posted in CBT/GET, Judicial Review, ME in the media, NICE CFS/ME guideline, Prof Peter White, Prof Simon Wessely on January 23, 2009 by meagenda

Royal Courts of Justice

Image | bortescristian Creative Commons

High Court Hearing Countdown

Judicial Review of NICE Guideline for CFS/ME

East Block location maps |

When? | 11th and 12th February 2009

Why? |

What else do I need to know? |  

Whom do I contact? |



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NICE CFS/ME Judicial Review: new YouTube

Posted in CBT/GET, Judicial Review, ME in the media, ME videos, NICE CFS/ME guideline, Prof Peter White, Prof Simon Wessely on January 6, 2009 by meagenda

The NICE M.E. Guidelines Judicial Review new YouTube video

“Annette Barclay talks about the impending legal challenge to the NICE guidelines on M.E.”

8.17 mins

by GBCOne

Added 4 January 2008


For information about the Judicial Review and copies of NICE JR related documents by Margaret Williams go to:

For a document setting out what a Judicial Review is, what it is not, and how it works see:

Supporters’ website:

An unoffical site has been set up for supporters of the NICE CFS/ME Judicial Review, for information and updates for those planning to attend the hearing and for those able to offer assistance with arrangements and publicity. The site can be found at:

Please note that ME agenda site and Suzy Chapman have no connection with either of the two legal cases involved in the Judicial Review or with the supporters’ website.  All enquiries about this Judicial Review, including media enquiries, should be directed to the legal firms concerned or to the High Court, as appropriate.  Members of the ME community and their advocates planning to attend the Court hearing or who are able to offer assistance should direct enquiries about arrangements for what is currently scheduled for at least a two day hearing, to the web master of the NICE CFS/ME Judicial Review Supporters’ website.

Previous postings around the NICE Judicial Review are archived under Judicial Review in the Categories list in the left hand sidebar of ME agenda site.

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Documents, NICE CFS/ME Judicial Review: M Williams

Posted in 25% ME Group, CBT/GET, Judicial Review, ME Association, ME in the media, NICE CFS/ME guideline, Prof Peter White, Prof Simon Wessely, UNUM on October 31, 2008 by meagenda

Margaret Williams has issued a series of documents created specifically for the NICE Judicial Review. These are being circulated by Stephen Ralph and are also available from the MEActionUK website.

Stephen Ralph has created a page for all Judicial Review documents and this can be found on a button at the top of the main page of

Alternatively you can find the page directly by clicking on this link:

Please note that there is some duplication of documents already published.

Document 1:  

Background information and illustrations of evidence that CBT cannot improve ME/CFS which NICE disregarded

Margaret Williams 25 July 2008

Document 2:

Evidence that the Guideline Development Group that produced the NICE Guideline on CFS/ME (C53) failed to fulfil its remit

(particularly in relation to the potential dangers of graded exercise therapy)

Margaret Williams 7 July 2008

Document 3:  

Evidence of cardiovascular problems in ME/CFS that NICE disregarded

Margaret Williams 4 August 2008

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NICE Guideline on “CFS/ME”: Date for Hearing of Judicial Review

Posted in CBT/GET, Judicial Review, NICE CFS/ME guideline, Prof Peter White, Prof Simon Wessely on October 30, 2008 by meagenda

Margaret Williams has announced a Hearing listing for the Judicial Review of the NICE Guideline on “CFS/ME”.

Read ME UK Events and ME agenda has no connection with the legal cases – please address all enquiries concerning the Judicial Review to the legal team representing the Fraser/Short case and the legal representives for the ONE CLICK case or to the High Court, where appropriate. Enquiries relating to the content of this article by Margaret Williams should be directed to Stephen Ralph of MEactionUK

For a document setting out what a Judicial Review is, what it is not and how it works see:

An unoffical site has been set up for supporters of the NICE CFS/ME Judicial Review, for information and updates for those planning to attend the hearing and for those able to offer assistance with arrangements and publicity. The site can be found here:

“This [NICE Judicial Review] is undoubtedly a high profile case. At the preliminary Hearing in June, there was standing room only. The Hearing is listed for 11th-12th February 2009. High Court officials are now busy rearranging the Court venue in order to ensure not only disabled access and facilities, but also to accommodate the coach-loads of people from the UK ME/CFS community who are expected to turn up to witness what will undoubtedly be a landmark legal action that will have global ramifications.” M Williams

Prejudice-based Medicine?

Reasons for Judicial Review of the NICE Guideline on “CFS/ME”

by Margaret Williams

27th October 2008

The full article by Margaret Williams can be read on MEActionUK

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NICE CFS/ME Judicial Review: Launch of supporters’ website

Posted in AfME/Action for ME, CBT/GET, Judicial Review, ME Association, ME in the media, NICE CFS/ME guideline on September 23, 2008 by meagenda

NICE CFS/ME Guideline legal challenge supporters’ website for information, updates and appeals for assistance with Judicial Review

A member of the ME internet community has created a website to support the NICE Guidelines court case(s). This is an unofficial site and not connected to the organisers but for supporters who want to make the hearing a success.

The site can be found at:  


For guidance on what a Judicial Review is, what it isn’t, and how it works see:

Judicial Review: Judgement Guidance


For a summary of the application hearing which took place in June and a copy of the ME Association’s position regarding the NICE legal challenge see:

Financing a judicial review of the NICE guideline on ME/CFS

Published by the MEA in November 2007

Summary of application hearing, NICE CFS/ME judicial review

The case against the NICE guideline on ME/CFS moved to Court 7 in the Royal Courts of Justice on Tuesday 17 June. Summary of key points made during the proceedings.

Produced by the ME Association


In November AfME (Action for ME) issued a statement on their position regarding the NICE legal challenge see:

Legal action against NICE

21 November 2007

There have been stories in the media about a possible legal challenge to the NICE guidelines. Action for M.E believes this challenge is misguided and will not be supporting it…

Read full statement from AfME here

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MP3 download: ME strand on BBC Radio Norfolk, 19 June

Posted in CBT/GET, Dr Ian Gibson, Judicial Review, ME in the media on June 25, 2008 by meagenda

The ME Association News page has flagged up an MP3 download of the first segment of the strand on ME broadcast on BBC Radio Norfolk on the “Breakfast with Bumfry” show, Thursday, 19 June.

The MP3 can be downloaded from the You Send It site, here:

norfolk.mp3 (7344 KB)

For a transcript of this segment see previous posting.

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Transcript: BBC Radio Norfolk, Ian Gibson on NICE JR

Posted in CBT/GET, Judicial Review, NICE CFS/ME guideline on June 23, 2008 by meagenda


This transcript has been prepared by Suzy Chapman and is not an official BBC transcript. Although care has been taken to produce a fair and verbatim record, some errors and omissions may remain. This transcript may be reproduced in full or in part as long as the author and the source is credited and on condition that it is published together with this disclaimer.


BBC Radio Norfolk

“Breakfast with Stephen Bumfry”  

7am to 10am, Thursday 19 June 2008
[The first segment in this ME strand started at approximately 7.20am and continued to 7.29am.]

Stephen Bumfry: People with ME in Norfolk have been handed a life-line. Victims of the chronic fatigue syndrome have won a significant legal victory after a top 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.

Two people, including Kevin Short from Norwich, have fought for this move. Speaking to BBC Radio Norfolk, Mr Short’s lawyer, Jamie Beagent said “It is a huge step.”

Jamie Beagent: It’s great news for our clients and for the wider ME community – we are actually overwhelmed with messages of support and thanks that we’ve received since the hearing, so it is very good news. Nice actually fought, defended the claim vigorously and they’ll obviously be disappointed by the result because now we will have a proper review carried out by the High Court into the procedures that went into the production of the Guideline and that, as I say, with the potential that the Guideline will actually be quashed, when it finally does come to Court.

Stephen Bumfry: And Mr Beagent says while it’s some good news, there’s still some way to go until a full High Court hearing in the Autumn.

Jamie Beagent: Well, the Court will be looking at the process that brought about the publication of the Guideline in August, last year. The crux of our argument is that the evidence which NICE based their conclusions upon was skewed very heavily in favour of the psychiatric school and in particular, the randomised controlled tests which were relied upon, we consider were entirely inadequate – they were very small in number – I think only seven tests, trials carried out in relation to CBT and five in relation to Graded Exercise Therapy.

Stephen Bumfry: Now if you or someone in your family is affected by ME and you’d like to get in touch with me, here on “Breakfast with Bumfry”, pick up the phone now – 01603 617 321 or text 07786 200 951. Lynne, I know someone in your family’s been affected – we’ll hear what they’ll have to say very, very soon…”

Lynne McKinley (programme producer): Absolutely…

Stephen Bumfry: Dr Ian Gibson is Kevin Short’s local MP and he joins us on the line now. Dr Gibson, Good morning.

Ian Gibson: Good morning.

Stephen Bumfry: How did you first become involved with the campaign?

Ian Gibson: Well, I mean, Kevin and I first had a discussion about the whole business of ME, and he persuaded me that it was something worth taking up and the way I approached it was to call for an inquiry in the House of Commons, which I set up with members in both Houses and we produced a Gibson Inquiry report which, your know, went a long way, I think, to helping people see that there were some real problems in this issue – you speak at meetings about the Report and so on…

It’s a very combative field – there’s a lot of argument, a lot of dispute about what’s known and what’s not known, but certainly I think, we helped raise the profile of ME as a serious illness, which seriously afflicts people and has to be taken, you know, right up into the echelons of a new illness which hasn’t been addressed properly by the medical profession…

Stephen Bumfry: Well, just describe to me what ME means and what the symptoms are…

Ian Gibson: Well, I have met constituents who have very depressed days when they can’t move, when they can’t get out of the house, and so on… For some people it’s very, very serious, that goes on for quite a long time – it might go on for their whole lives. Other people recover and can go out of doors, can maybe even stagger to work but it’s certainly not something that is manageable without proper treatment.

Stephen Bumfry: Now, I know that this condition has been dubbed “Yuppie Flu” – which is very unfortunate…

Ian Gibson: Yes. That was the meaning, I think. I think that was the attempt to say “Oh, dear, they’re just making it all up – it’s artificial.” Completely, completely untrue. There’s I think 250,000 people in this country who have symptoms of ME, different gradations of it, as I pointed out.

Quite often GPs miss it, don’t recognise it, don’t see it, just think it’s a temporary thing – just go home, have a couple of days in bed and you’ll be alright, again. Now that’s not their fault – it’s just that it’s never been taken seriously by the medical profession – whereas it has been in other parts of the world – the World Health Organisation has recognised that it is a neurological disease, that there may be factors like viruses, and other agents present – that it’s more biomedical than psychiatric and that has not been the prevailing thinking of the people in the medical professional.

So now…now this decision really helps us move that on and to say look NICE have made a decision based very, very much on the psychiatric analysis and there is plenty of evidence…massive amount of evidence now to suggest that it’s more complicated than that…

Stephen Bumfry: So your campaign has a got a bit of momentum, now, then?

Ian Gibson: Oh, yes. It’s got a momentum…we will support…there are many different groups in this field who argue about the different causes of it in terms of which agents might be involved…the problems with children and particularly with adults. It’s very combative, everybody has little arguments about it…what it really does need is a huge investment into research to find out what the cause is and we have been pleading for that for some time.

We have got the scientists and medics who are interested in this field together…they’re be putting together an application in conjunction with people in Canada and other countries who are interested in this, who’ve done some research but certainly need a huge injection of resource to get this settled once and for all.

NICE’s decision is what’s being challenged. Without all that evidence, it’s pretty poor, I think, to come out with the decision that they have and I’m very grateful that Kevin and a friend of his have challenged the ruling by NICE. In fact, I’m seeing, in an hour’s time, the Chairman of NICE, Sir Michael Rawlings, who’s a friend of mine, and we’ve had lots of arguments about drug availability for cancers and other things where NICE has been involved to make the assessment of the evidence and I shall talk to him about ME and say “Come on, don’t you really think we need to have a proper study carried out on this now, before you make decisions…”

Stephen Bumfry: We’ve got Lynne McKinley producing the show in the studio, Dr Gibson, and a member of Lynne’s family is affected by ME – Lynne…

Lynne McKinley: Absolutely. I know my nephew Rob has had ME for sixteen years. Actually, I did actually send him a copy of the High Court ruling ‘cos I thought he might be interested in seeing this and he said – well, this is what he emailed back to me:

“The bottom line is that until more biomedical research is carried out to understand the condition the arguments will continue to rage.”

He said, “It’s depressing to acknowledge just how little progress has been made in the sixteen years since I’ve been unwell. Two weeks ago, I went up to South London to give blood for Dr Jonathon Kerr’s research project…”

Ian Gibson: Excellent work, excellent biomedical work…

Lynne McKinley: “…abnormal gene expression in ME patients. I’m sure it’s through scientists like him that the real breakthroughs will be made.”

And so obviously, my nephew is very much a fan of Dr Kerr. But I can almost feel his frustration – sixteen years with ME…

Ian Gibson: Oh, absolutely…I can replicate that story many times over – it’s an absolute disgrace and appalling that it has been unacknowledged as a serious, serious condition which the medical profession really should have taken up. It’s up to government now to take a serious look at the whole situation and inject some money into it. The fight back starts here, again, for the hundredth time…we keep pushing at it and just now and again, this just shows you, if you give up, you know you’ll get nothing, you’ve gotta keep pushing and suddenly there’s a break somewhere.

Stephen Bumfry: Lynne, just briefly, then…

Lynne McKinley: The other thing that Rob just mentions in his email, he says some of the charities like ME Research UK and CFS Research Foundation, they’re raising money for biomedical research, just, you know, worth a mention, and I guess, you know, anybody that has a member of the family that has ME will understand the importance of supporting…

Ian Gibson: Fair comments…fair comments..

Stephen Bumfry: Dr Ian Gibson, MP for Norwich North, thank you very much for joining us this morning…

Ian Gibson: Thank you very much.

Stephen Bumfry: And if its affected you or someone in your family in any way, shape or form – 01603 617 321 or you can text me and that’s 07786 200 951, give us a shout here on “Breakfast with Bumfry”.

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