Alfie Evans’ parents, who live in Liverpool, are using a piece of ancient English common law during the latest stage of their fight for treatment.
Tom Evans (pictured below wearing a blue coat) , 21, and Kate James, 20, want to move their son from Alder Hey Children’s Hospital in Liverpool to a hospital in Rome.
The couple, which is being represented by the Christian Legal Centre (CLC), say Italian doctors are willing to treat the little boy and an air ambulance is available.
They are now arguing that Alfie is being wrongly “detained” at Alder Hey and have made a habeas corpus application.
A writ of habeas corpus – Latin for “you may have the body” – is a legal manoeuvre which requires a court to examine the legality of a detention.
It is a piece of common law which probably dates back to Anglo-Saxon times.
A High Court judge and three Court of Appeal judges have dismissed their claim.
But the couple might make an application to the Supreme Court.
Alfie’s parents have already lost fights in the High Court, Court of Appeal, Supreme Court and European Court of Human Rights.
In February, Mr Justice Hayden ruled that doctors at Alder Hey could stop treating Alfie against the wishes of his parents following hearings in the Family Division of the High Court in London and Liverpool.
Specialists at Alder Hey said life-support…
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