Non-Profit SPUC Punished by Court Which Ordered it to Pay Legal Costs of Government and Pharmaceutical Co.
LONDON, April 25, 2002 (LSN.ca) – The Society for the Protection of Unborn Children (SPUC) has been denied leave to appeal in its challenge to the sale of morning-after pills without a doctor’s prescription. The Court also sent an intimidating message that public interest groups should not challenge the establishment on these issues. It ordered the small non-profit SPUC to pay the substantial legal costs of the vastly wealthier government and Schering, the pills’ distributor in Britain.
Last week the English high court rejected the SPUC challenge principally on the grounds that the term “miscarriage” in the Offences Against the Person Act 1861 should, according to Justice Munby, be understood according to what it means today rather than what it meant when the Act was passed. He asserted that the term miscarriage today “means the termination of an established pregnancy” after implantation
Paul Tully, SPUC’s general secretary, said his group has not given up hope of appealing the decision. “We will now consider seeking permission to appeal directly from the court of appeal,” he said. “We are also disappointed with the decision on costs. The judgement will have a chilling effect on public interest groups that seek to challenge the government and wealthy organisations. The judgement sends the signal to government and others with power and influence that they can continue to victimize the voiceless and defenceless unborn child -the most vulnerable member of society.”