The small body of appellate level jurisdiction on the MCA has been added to in Re RW  EWCA Civ 1067, concerning the continued provision of clinically assisted nutrition and hydration (CANH) via a nasogastric (NG) tube to an elderly man with end stage dementia. The question that had been before Parker J had been whether, […]
Posts tagged medical treatment
In Re AB  EWCOP 66 which was decided in December 2016, but which only appeared on Bailii in March 2018 (for reasons which will perhaps be self-evident) Mostyn J was asked to approve a treatment regime for a woman with HIV which involved the administration of medication to her on the basis of active […]
In a fascinating judgment just published here, Williams J has held that it is in the best interests of Sergei Skripal and his daughter for fresh blood samples to be taken from them for purposes of testing by the Organisation for the Prohibition of Chemical Weapons. The judgment ranges widely over issues of transparency, habitual […]
In a true door-stop of a judgment (538 pages) the Indian Supreme Court confirmed on 9 March the lawfulness of advance decisions to refuse treatment, and also confirmed that (with suitable procedural safeguards), treatment may lawfully be withheld from a terminally ill patient or a person in PVS with no prospect of recovery even where no […]
The Supreme Court website now has available for streaming the whole hearing in Re Y. Judgment both is reserved and eagerly awaited to clarify the law in this most significant of areas. In the interim, you may care to play Aintree bingo when watching to see just how great an effect this case has had […]
In Re Y EWHC 2866 (QB), handed down this morning (13 November), O’Farrell J has declared that it is not mandatory to bring before the Court of Protection the withdrawal of CANH in the case of Mr Y, who has prolonged disorder of consciousness, in circumstances where the clinical team and Mr Y’s family are […]
The decision in R (Conway) v Secretary of State for Justice  EWHC 2447 (Admin) is now available here.
Introduction In M v A Hospital  EWCOP 19 Peter Jackson J (giving one of his last judgments before his elevation to the Court of Appeal) has made clear his view that there is no legal obligation upon medical practitioners to seek the sanction of the court before withdrawing clinically assisted nutrition and hydration (‘CANH’) from […]
Peter Jackson J has just (20 Sept) handed down this important judgment making clear his view that there is no legal obligation to bring cases concerning withdrawal of artificial nutrition and hydration to court. More analysis to follow in due course.
The Court of Appeal has this morning (26 January) handed down judgment in R(Ferreira) v HM Senior Coroner for Inner South London & Ors  EWCA Civ 31. We will have full analysis of the judgment in the next newsletter due out next week, but in the interim the headline is that the Court of […]