Following the House of Lords decision in N [2005] UKHL 31 in general, the Home Office have succeeded in removing HIV+ individuals from the UK to circumstances where they will be unable to maintain their treatment overseas.

Accordingly, many solicitors are believed to be advising clients in such a position that their cases do not warrant public funding and that nothing further can be done for them.

However, we understand that the Appellant in N has recently taken her claim to the European Court of Human Rights and that the European Court itself has ordered a stay of her removal.

Some solicitors have been granting public funding to stop HIV cases following this stay and we suggest that members bring this note to the attention of any solicitors who suggest that nothing further can be done in an individual's case as it is very likely that they may not be aware of the European Court action.

We have written to the Treasury Solicitor seeking written confirmation of the stay and will post any reply on the website, along with this note.