High court family division

A legal challenge to the provisional approval for the Pfizer Covid-19 children’s vaccine has failed.

On Friday a judge at the High Court in Wellington issued his decision, dismissing the claim of eight people, whose names were suppressed in the meantime.

They challenged the decision of the Minister of Health to provisionally approve the vaccine for children aged five to 11 years, and Cabinet’s decision on December 20 to roll out the voluntary vaccination process from January 17.

Justice David Gendall said the decisions complied with the law and the court shouldn’t substitute its own views for decisions made on scientific and medical merits.

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The judge also dismissed a claim that Cabinet’s decision was made for an improper purpose or was pre-determined.

The eight applicants had sued the Minister of Health, the group manager of the Medical Devices Safety Authority (Medsafe), the Minister of Covid-19 Response, and drugmaker Pfizer. Medsafe is a business unit of the Ministry of Health.

The applicants were parents of children in the age group that became eligible to have the vaccine, and they thought the decisions put at risk the welfare and wellbeing of children, the judge said.

The health minister delegated the decision-making to Medsafe’s group manager Chris James who assessed the therapeutic benefit and risks.

The paediatric vaccine contains one-third of the amount of the active ingredient of the original dose.

In his evidence for the case James said he reviewed the increasing medical and scientific literature about Covid-19 vaccines before and during the consent process.

He also referred the issue to the Medicines Assessment Advisory Committee, whose members unanimously recommended consent.

James gave consent on conditions that included Pfizer giving further information as it became available, including periodic safety reports.

A separate technical advisory group also considered the vaccine and reported to the director-general of health. The then Director-General, Dr Ashley Bloomfield, accepted the group’s advice to offer the vaccine free of charge to children five to 11.

The applicants had their own evidence weighing the risks and benefits of the vaccine.

The judge said that, as he saw the position, it was not his role when reviewing the process, to decide which experts were right or form his own view on whether the paediatric vaccine should be supplied in New Zealand.

Generally weighing the benefits and risks of the vaccine, and the desirability of it being available in New Zealand, were matters for James as the minister’s delegate.

It was clear from the evidence that James had applied the proper legal test, and that the safety and efficacy of the vaccine was “closely scrutinised” before James made his decision, the judge said.

“Overall, I am satisfied that Mr James’ decision is one which is well-supported by the Crown expert and other evidence provided to the court,” the judge said.

He rejected claims that the vaccine was approved for children to protect older adults, that James’ decision was pre-determined, or he simply “went through the motions”.

It seemed the applicants were also mistaken about the government’s contracts with Pfizer.

Anne Heche is “not expected to survive”, her family have said.

The 53-year-old actress suffered a severe anoxic brain injury following a high-speed, fiery car crash in Los Angeles late last week (Aug 5), and she is currently being kept on life support while it is being determined if any of her organs are “viable” to be donated, as per her wishes.

A statement on behalf of Anne’s family and friends read: “We want to thank everyone for their kind wishes and prayers for Anne’s recovery and thank the dedicated staff and wonderful nurses that cared for Anne at the Grossman Burn Center at West Hills hospital.

“Unfortunately, due to her accident, Anne Heche suffered a severe anoxic brain injury and remains in a coma, in critical condition. She is not expected to survive.

“It has long been her choice to donate her organs and she is being kept on life support to determine if any are viable.”

Anne’s family and friends have praised the star’s ability to “spread kindness and joy” in her life and say she will be remembered for her “courageous honesty”.

They added: “Anne had a huge heart and touched everyone she met with her generous spirit. More than her extraordinary talent, she saw spreading kindness and joy as her life’s work – especially moving the needle for acceptance of who you love.

“She will be remembered for her courageous honesty and dearly missed for her light.”

Earlier this week, the Donnie Brasco star was in a “critical condition” in hospital following the smash, which left her with burns that required “surgical intervention”.

Her representative said: “She has a significant pulmonary injury requiring mechanical ventilation and burns that require surgical intervention.

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“She is in a coma and has not regained consciousness since shortly after the accident.”

Anne crashed into a house in the LA neighbourhood of Mar Vista at high speed on Friday.

One local resident Lynne Bernstein who lives in nearby Venice with wife Natalie, recently told how he and neighbours Dave and Gabriel were able to talk to Anne after she drove “almost all the way through” a house and her car “almost immediately” caught fire.

Dave was able to get into the back of the car to speak with the driver.

Lynne said: “She responded that she wasn’t doing real well.

“He actually talked to her briefly. Yeah, he asked her to raise her hand or something… if she was okay and she said she couldn’t.”

BRITAIN is at “exceptionally high” risk of wildfires as a 36C heatwave hits this weekend, the Met Office warned.

The risk of fires in parts of England and Wales on Sunday has increased from “very high” to “exceptional” on the Fire Severity Index.

This means most of southern England – as far west as Abergavenny in Wales – is at the highest level on the Met Office’s scale.

The latest alert follows their recent amber weather warning of extreme heat in place since yesterday until Sunday.

Today the country is set to bask in glorious 30C weather as the country overtakes holiday destination Hamilton, Bermuda , which sent the mercury to 29C on Wednesday.

Yet thermometers could peak at 36C in some areas on Saturday – so weather and fire experts are being cautious of the wildfire risk.

Met Office meteorologist Marco Petagna told the PA news agency: “The risk is very high across much of central, southern and eastern England.

“Going into Friday and the weekend, it starts to increase further, going into the highest category of exceptional risk.”

In the past few weeks wildfires have broken out across the UK where dry grass and woodlands have caught alight.

Mark Hardingham, the chairman of the National Fire Chiefs Council (NFCC) told The Telegraph said the summer heat has been unlike any other over his entire 32-year career in the fire service.

He said: “We’re not going to see temperatures as hot as we saw three weeks ago, but that doesn’t matter because the ground couldn’t get any drier than it already is.”

Mr Hardingham added: “The wildfires are as prevalent in semi-urban areas as they are in rural communities so it’s difficult to know where the next one will be.”

The UK Health Security Agency has also released a Level 3 Heat Health Alert for southern and central England lasting until 6pm on Saturday.

Officials have warned Brits to look after each other in the fierce heat of the next few days.

Those in the hottest areas should take care to stay hydrated, close their curtains and avoid wildfire smoke.

The risk of fires is so high because southern England had experienced its driest July since records began in 1836 , according to the Met Office .

South-East and central southern England had an average of just 5mm (0.2ins) of rain last month, while East Anglia had only slightly more with 5.4mm (0.21ins).

Hosepipe bans have also been enforced across the country affecting millions as water companies scramble to save supplies.

Brits in certain areas are forbidden from using hosepipes to water gardens or clean cars, and ornamental ponds and private swimming pools must remain empty.

But river flows and groundwater levels could even remain low for the next three months, the UK Centre for Ecology and Hydrology warned.

Mr Petagna from the Met Office said that rain could be on the horizon early next week.

He said: “There are signs that we could get some rain next week, but details at the moment are uncertain.

“What we really need is a few weeks of light rain to soak into the ground.

“Thunderstorms are more likely to cause some flooding issues because the ground is hard the water can’t sink in.”

At the end of last month, a massive wildfire erupted in Suffolk just hours after fire crews tackled a series of enormous blazes across London and Surrey.

Knodishall Common in the east of the coastal county was engulfed by flames on Sunday evening – sending black smoke billowing across the area.

To avoid more wildfires, Brits have been advised not to light bonfires or have barbecues.

The mother of a nine-year-old girl who was stabbed to death has paid tribute to her “happy” daughter as she launched a campaign to create a statue in her memory.

Lilia Valutyte was found dead in a street in Boston, Lincolnshire, on 29 July, after being stabbed in the chest.

Deividas Skebas, 22, appeared in court , charged with her murder, last week, where he was remanded into custody.

In a statement issued through Lincolnshire Police, her mother Lina said: “There are so many things we could say, but we are not going to talk a lot about who she was and share those stories from our home; they are ours, and we want to keep them for us.

“You find yourself looking for her everywhere. We had four corners and now one is gone.”

New photos shared by the young girl’s family showed her dressed in a blue bubble suit at a bike show in Boston, visiting an aquarium and sharing a hug with her younger sister, Liepa, at a dance competition.

“She was just a normal child, one day she’s happy and another she isn’t, one day she wants to eat pancakes and another she doesn’t – the usual things,” Lina added,

“She loved to dance, travel and try new things, and annoy her sister. She wanted to go to Italy, so we will probably go anyway next year.”

Lilia’s stepfather Aurelijus continued: “She was cheeky; quiet in one way and then other ways she wasn’t. She always tried to make fun.”

‘The memorial is a way for her to still be there’

The family are aiming to raise enough money to create a memorial statue, which they hope will be installed in Boston town centre – close to Fountain Lane where Lilia was killed.

The former pupil of Boston Pioneers Academy and Carlton Road Academy had reportedly been playing with her younger sister on the street, just yards from an office where their mother was working at the time.

The girls had a hula-hoop, and a toy pram was left at the scene, according to local residents.

Lina said: “Lilia was grown in that street, every week she spent down there playing, and it happened next to the window.

“The memorial is a way for her to still be there, and we’re now fundraising to get it.”

The statue will either take the form of an angel with Lilia’s face, or it will take her full likeness, police said.

A close family friend has set up the fundraising page through Just Giving, where donations can be made.

She doesn’t shy away from showcasing her incredible physique on social media.

And Abbey Clancy flaunted her sensational figure once again as she slipped her figure into a chocolate brown string bikini in a post shared to her Instagram account on Wednesday.

The model, 36, left little to the imagination as she showed off her pert bottom in the classy swimwear while soaking up the sun on a family getaway to Portugal.

Abbey and her football pundit husband Peter Crouch, 41, have been enjoying their holiday with their four children Sophia, 11, Liberty, seven, Johnny, four, and Jack, three.

Taking some time out alone, the model wowed in the sexy snap she overlooked the amazing coastline.

Abbey left her blonde tresses in beachy waves while gazing out to sea.

It comes after the mother-of-four shared snaps from a romantic date night with her former footballer husband on Sunday night.

The model took to her Stories to give fans an insight into their evening, which saw the pair enjoying a bottle of red wine under the stars

Abbey looked sensational on the outing as she flashed her abs in a tiny brown crop top.

She teamed the garment with a matching satin maxi skirt that featured a sexy thigh high split to flash her toned pins.

Abbey looked in high spirits as she snapped selfies with Peter who couldn’t keep his hands to himself as he embraced her and planted a kiss on his cheek.

The couple have made sure to squeeze in plenty of date nights on their trip, which comes just after their 11-year anniversary in late June.

Abbey recently celebrated the milestone by trying on her wedding dress, and posting a loved-up photograph of her and Peter to Instagram.

The model easily slipped back into the size 6 Giles Deacon gown, and posed for a snap in it while standing in her dining room and wearing a pair of shades.

The Liverpudlian beauty took to her Instagram Stories, where she uploaded the snap of herself in the sensational dress, adding: ‘It still fits! with the hashtag 11 years married.

Peter first crossed paths with Abbey shortly after he had signed for Liverpool in December 2005.

She has been by his side ever since, seeing him play for England at two World Cups and win the FA Cup.

Reflecting on their first meeting, Abbey previously told Sportsmail: ‘When we met, my Dad was saying to me, “All my mates are going to be ripping me! You’re going out with a footballer!” Now he prefers Pete to me, I think!

‘He literally cannot do anything wrong. Everything is like, “Oh, leave the poor lad alone!” He’s on Pete’s side all the time.

‘We were out at a friend’s birthday party in a bar in Liverpool called Mosquito. Pete was in there and he just begged me to go out with him!’

Peter added: ‘She came over to me, believe it or not! It was the first time I had scored for Liverpool, against Wigan (December 2005).

‘It was a weight off my mind, I’d finally got a couple of goals. Then she came over to me and said, “I knew you’d score!” We just started chatting then — and she wouldn’t leave me alone (winks). Once I’d hit the dancefloor, that was it!’