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Category: Advance Planning

Advance Planning, Best interests, Case comments, Medical treatment, Mental Health

The MHA, force-feeding and best interests

In JK v A Local Health Board [2019] EWHC 67 (Fam), Lieven J had to grapple with the intersection between the MCA, the MHA and the … Read More ›

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Posted on November 15, 2019
Advance Planning, Best interests, Medical treatment

ADRTs, medical obligations and decision-making relation in CANH

In NHS Cumbria CCG v Rushton [2018] EWCOP 41, Hayden J has both given clear endorsement to the BMA/RCP guidance on decisions about clinically assisted … Read More ›

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Posted on March 27, 2019March 28, 2019
Advance Planning, Best interests, Case comments, Medical treatment

Treatment withdrawal – the Indian Supreme Court perspective

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, … Read More ›

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Posted on March 10, 2018
Advance Planning, Best interests, Medical treatment

New Guidance Issued on DNACPR

The British Medical Association, the Resuscitation Council (UK) and the Royal College of Nursing have today (7 October) published new Joint Guidance on ‘Decisions relating … Read More ›

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Posted on October 7, 2014October 7, 2014
Advance Planning, Capacity, Case comments, Medical treatment

Advance decisions and the MHA 1983

Nottinghamshire Healthcare NHS Trust v RC  [2014] EWHC 1317 (COP) Summary This is the sequel to the case of Nottinghamshire Healthcare NHS Trust v J [2014] … Read More ›

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Posted on May 1, 2014
Advance Planning, Case comments, Medical treatment

An oral advance decision to refuse life-sustaining treatment?

Newcastle-upon-Tyne Foundation Trust v LM [2014] EWHC 454 (COP)  (Peter Jackson J) Summary This case concerns the lawfulness of withholding blood transfusions from a gravely … Read More ›

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Posted on March 1, 2014March 4, 2014

Recent Posts

  • Deprivation of liberty in the hospital setting: updated guide

    November 19, 2019
    The 39 Essex Chambers guide to deprivation of liberty in the hospital setting has now been updated, in particular to …Read More »
  • 39 Essex Chambers November Mental Capacity Report

    November 18, 2019
    The November 2019 Mental Capacity Report will shortly be with subscribers. Highlights this month include: (1) In the Health, Welfare …Read More »
  • The MHA, force-feeding and best interests

    November 15, 2019
    In JK v A Local Health Board [2019] EWHC 67 (Fam), Lieven J had to grapple with the intersection between the …Read More »
  • Foreign powers of representation – making them effective in England & Wales

    November 11, 2019
    In Re Various applications concerning foreign representative powers [2019] EWCOP 52. Senior Judge Hilder has returned to the complex issues …Read More »
  • Book Review: Parental Rights, Best Interests and Significant Harms

    November 3, 2019
    Parental Rights, Best Interests and Significant Harms: Medical Decision-Making on Behalf of Children Post-Great Ormond Street v Gard (edited by …Read More »

RSS Bailii capacity cases

  • Lee, R (On the Application Of) v [2019] EWHC 3227 (Admin) (12 September 2019) December 6, 2019
  • Royal Borough of Greenwich v EOA [2019] EWCOP 54 (16 October 2019) December 3, 2019
  • CFA v MO'L & anor [2019] IEHC 781 (28 May 2019) November 25, 2019
  • Royal Borough of Greenwich v CDM (Rev 1) [2019] EWCOP 32 (20 February 2019) November 25, 2019
  • Esegbona v King's College Hospital NHS Foundation Trust (false imprisonment in hospital) [2019] EWHC 77 (QB) (22 January 2019) November 24, 2019

RSS Bailii CRPD cases

  • J.D. AND A v. THE UNITED KINGDOM (Discrimination : Reduction of benefit in order to incentivise social housing tenants to move into smaller accommodation) [2019] ECHR 753 (24 October 2019)0
    From European Court of Human Rights
  • A.C. v Patricia Hickey General solicitor and Ors & A.C. v Fitzpatrick and Ors. [2019] IESC 73 (17 October 2019)0
    From Supreme Court of Ireland Decisions
  • DXW v PXL [2019] EWHC 2579 (QB) (04 October 2019)0
    From England and Wales High Court (Queen's Bench Division) Decisions
  • Ewart, Re Application fro Judicial Review [2019] NIQB 88 (03 October 2019)0
    From High Court of Justice in Northern Ireland Queen's Bench Division Decisions
  • Barts NHS Foundation Trust v Raqeeb & Ors [2019] EWHC 2530 (Fam) (03 October 2019)0
    From England and Wales High Court (Family Division) Decisions
  • Raqeeb v Barts NHS Foundation Trust [2019] EWHC 2531 (Admin) (03 October 2019)0
    From England and Wales High Court (Administrative Court) Decisions
  • NIKOLYAN v. ARMENIA - 74438/14 (Judgment : Preliminary objection joined to merits and dismissed : First Section) [2019] ECHR 674 (03 October 2019)0
    From European Court of Human Rights
  • RC, APPEAL AGAINST SENTENCE BY RC AGAINST HER MAJESTY'S ADVOCATE [2019] ScotHC HCJAC_62 (02 October 2019)0
    From Scottish High Court of Justiciary Decisons
  • D (A Child) (Rev2) [2019] UKSC 42 (26 September 2019)0
    From United Kingdom Supreme Court
  • TJ v Department for Communities (JSA) (Right to reside) [2019] NICom 17 (24 September 2019)0
    From Northern Ireland - Social Security and Child Support Commissioners' Decisions

RSS MHLO updates

  • Job advert. Martin Searle Solicitors, Brighton - Community care lawyer (deadline 16/12/19).
    See Jobs
  • Case (Proceeding in absence of solicitor and patient). DA v Kent and Medway NHS and Social Care Partnership Trust [2019] UKUT 348 (AAC)
    — The tribunal refused to adjourn the case of a CTO patient who had not attended the hearing, then the solicitor left the hearing because she felt unable to represent the patient in those circumstances. (1) The tribunal's initial decision to proceed in the patient's absence referred to rule 39(1) (whether the party had been […]
  • COPUG minutes. Minutes of Court User Group Meeting (15/10/19)
    — (1) Apologies; (2) Minutes and Action points; (3) Court Manager’s Report; (4) Misplaced COP20As and COP20Bs; (5) Interim deputyship orders that specify the date on which the appointment will end; (6) Clerical mistakes or slip rules on court orders; (7) Service of final orders (Rule 6.2); (8) Anonymised deputyship orders; (9) Delayed issue of […]
  • Job advert. Atkins and Palmer, London - Court of Protection Solicitor (listed until 7/2/20).
    See Jobs
  • Job advert. Atkins and Palmer, London - Mental health solicitor or experienced caseworker (listed until 7/2/20).
    See Jobs

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  • March 2014 (24)

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