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 […]
Posts tagged medical treatment
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 […]
In Cheshire & Wirral Partnership NHS Foundation Trust v Z  EWCOP 50, Hayden J had to contemplate three options on behalf of a woman, Z, detained under the Mental Health Act 1983, with very severe anorexia who had, in the 31 years since being diagnosed at age 15, had never engaged in any meaningful […]
I reproduce here an updated version of the case summary and comment on the case of Briggs v Briggs  EWCOP 53 that appeared in the December 2016 39 Essex Chambers Mental Capacity Law Newsletter. Summary On 3 July 2015, Paul Briggs was the victim of a road traffic accident when he was travelling to work on his […]
The substantive decision in the case of Briggs has just been handed down. We will have full analysis and comment in our (increasingly full) 39 Essex Chambers Mental Capacity Law Newsletter going out on Thursday morning, but from my perspective it is a judgment that grapples perceptively, correctly and above all sympathetically with the very frontiers of […]