The issue of brain stem death testing (or, more formally, diagnosing death by neurological criteria) is one that has been… Read more
Category: Medical treatment
Communicating the communication limb of the capacity test
Re BV (Medical Treatment – Renal Cancer: Nephrectomy) [2025] EWCOP 41 (T3) is a relatively ‘routine’ medical treatment case (without,… Read more
Holding the risk in medical treatment cases
Re RS (Best Interests: Surgery and Intensive Care) [2025] EWCOP 38 (T3) is a case which demonstrates the care and… Read more
Termination, best interests and where the buck stops
Even by the standards of the Court of Protection, Re KP (Termination of Pregnancy) [2025] EWCOP 35 (T3) is a… Read more
“There are more things in heaven and earth that are dreamt of in the philosophy of NHS treatment” – a Court of Protection story
The flipside of the intense focus on the wishes, feelings, beliefs and values of the person required by s.4 MCA… Read more
When does a Court of Protection order do more harm than good? Anorexia, the Court of Protection, and the ‘impossible burden’
Patricia’s Father & Ors v Patricia & Ors [2025] EWCOP 30 (T3) is a challenging case at a number of… Read more
Anorexia, the Mental Health Act and the Court of Protection – a clear route map for cases
In Leeds and York Partnership NHS Foundation Trust v FF & Anor [2025] EWCOP 26 (T3), McKendrick J made some… Read more
Compulsory mental health admission and treatment – the latest Strasbourg word
Spivak v Ukraine [2025] ECHR 136 is a very helpful and important reminder of the increasing focus that Strasbourg is… Read more
An important reminder that it is the judge who has the final say as to best interests
In University College London Hospitals NHS Foundation Trust v PK & Anor [2025] EWCOP 17 (T3), McKendrick J was asked… Read more
Serious medical treatment cases and naming clinicians – the Supreme Court decides
In the conjoined appeals of Abbasi and Haastrup [2025] UKSC 15, the Supreme Court has grappled with the questions of (1) the jurisdiction of… Read more