Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has… Read more
Medical treatment, due haste, and capacity complexities
Category: Capacity
Refusing food, (in)capacity and coming to court
In QJ v A Local Authority Hayden J was considering the situation of an 87 year old man with vascular… Read more
Not only inimical… but potentially fatal: medical treatment cases and delay
In Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, the delay in bringing and then resolving… Read more
Contingencies, capacity and Caesarean sections
In GSTT & SLAM v R [2020] EWCOP 4, Hayden J has come back to the extremely thorny question of what… Read more
Fluctuating capacity – another judicial take
In Cheshire West And Chester Council v PWK [2019] EWCOP 57, Sir Mark Hedley had to consider (in the context… Read more
Will, preferences and estrangement
In A Local Authority v PS & HS [2019] EWCOP 60, the court had to decide upon an 80 year-old… Read more
Medical treatment and 16/17 year olds – joining the dots
Prompted by work done for the case of Re D, in which the Supreme Court gave judgment ([2019] UKSC 42)… Read more
Fluctuating capacity – micro vs macro decisions
Some may remember that the Court of Appeal was going to give a judgment setting out what to do where… Read more
Capacity and sexual relations – trying to make it personal
In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test… Read more
Contingency planning and the Court of Protection
In United Lincolnshire Hospital NHS Trust v CD [2019] EWCOP 24, Francis J has grappled with a subject that has… Read more