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Category: Medical treatment

Advance Planning, Best interests, Case comments, Medical treatment, Practice and Procedure

The black box of the judicial visit to P – the Court of Appeal’s concerns and requirements

The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases. In Re AH (Serious … Read More ›

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Posted on November 26, 2021
Best interests, Case comments, Medical treatment, Practice and Procedure

Best interests decision-making, dignity and delay – obligations that cannot be avoided

In North West London Clinical Commissioning Group v GU [2021] EWCOP 59, Hayden J made a series of very powerful observations about the obligations imposed … Read More ›

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Posted on November 14, 2021
Advance Planning, Case comments, Medical treatment

Advance decisions, Jehovah’s Witnesses and what does “doing something clearly inconsistent” with your ADRT mean?

The (surprisingly) small body of case-law relating to advance decisions to refuse treatments has been added to by a judgment delivered by Poole J in … Read More ›

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Posted on September 22, 2021September 23, 2021
Case comments, Medical treatment

Gillick competence, puberty-blockers and the Court of Appeal

In Bell & Anor v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363, the Court of Appeal upheld the appeal of the … Read More ›

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Posted on September 17, 2021September 17, 2021
Best interests, Case comments, COVID-19, Medical treatment

The Court of Protection and “the most complex Covid patient in the world”

The Court of Protection braced itself when COVID-19 hit for decisions to be placed before it about the withdrawal of medical treatment, including potentially agonising … Read More ›

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Posted on September 5, 2021September 5, 2021
Best interests, Case comments, Medical treatment

A judgment as tribute: finding the person behind the prognosis (and thoughts on harm and dignity)

It is difficult to do better in introducing the decision in London NHS Trust v CD & Ors (Withdrawal of Life Sustaining Treatment) [2021] EWCOP … Read More ›

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Posted on March 30, 2021March 31, 2021
Capacity, Case comments, Medical treatment

Parental responsibility and puberty blockers

In AB v CD & Ors [2021] EWHC 741 (Fam), Lieven J has considered further the fall-out from the Bell judgment concerning the administration of … Read More ›

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Posted on March 26, 2021March 29, 2021
Best interests, Case comments, COVID-19, Medical treatment

When would continuing life-sustaining treatment be unethical? Another agonising dilemma before the Court of Protection

In Re NZ [2021] EWCOP 16, Hayden J had to address, in even more acute form, the dilemma that he had addressed in Sandwell And … Read More ›

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Posted on February 26, 2021
Best interests, Case comments, Medical treatment

How long can you wait to allow the family to gather around the bedside? The agonisingly fine line between best interests and clinical appropriateness

In Sandwell And West Birmingham Hospitals NHS Trust v TW & Anor [2021] EWCOP 13, Hayden J considered a version of a dilemma that presents … Read More ›

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Posted on February 24, 2021February 24, 2021
Case comments, COVID-19, Medical treatment

Vaccination – another case, and confirmation of the centrality of the person’s wishes and feelings

In a further judgment concerning vaccination for COVID-19, Hayden J has amplified the approach that he set out in E (Vaccine) [2020] EWCOP 14.  In SD … Read More ›

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Posted on February 21, 2021

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Older posts

Recent Posts

  • Draft Mental Health Bill – how would it amend the Mental Health Act 1983?

    June 30, 2022
    The draft Mental Health Bill published on 27 June 2022 is accompanied by helpful explanatory notes, but as it is …Read More »
  • Draft Mental Health Bill now published

    June 27, 2022
    Following a commitment given in the Queen’s Speech in May 2022, a draft Mental Health Bill has been brought forward …Read More »
  • Mental capacity – challenges and commitment: in conversation with Ilora Finlay

    June 26, 2022
    In this conversation, I talk to Ilora Finlay (Baroness Finlay of Llandaff), the first Chair of the National Mental Capacity …Read More »
  • In the Shadows of the Institution – the film

    June 23, 2022
    Dr Lucy Series has recently written a book, entitled Deprivation of Liberty in the Shadows of the Institution (Bristol University Press, …Read More »
  • Scenarios in the draft MCA Code of Practice: the Northern Ireland approach

    June 22, 2022
    Reflecting on a talk I gave this morning arranged by the indefatigable Walter Lloyd-Smith, the Board Manager of the Norfolk …Read More »

RSS Bailii capacity cases

  • South Tyneside and Sunderland NHS Trust Foundation v SA [2022] EWCOP 23 (24 June 2022) July 1, 2022
  • A NHS Foundation Trust v G & Ors (Rev1) [2022] EWCOP 25 (23 June 2022) July 1, 2022
  • RUSISHVILI v. GEORGIA - 15269/13 (Judgment : No Article 6+6-3 - Right to a fair trial : Fifth Section) [2022] ECHR 537 (30 June 2022) July 1, 2022
  • KL (A Minor : deprivation of liberty) [2022] EWCOP 24 (21 June 2022) June 28, 2022
  • A London Local Authority v KB & Anor [2022] EWFC 39 (09 May 2022) June 27, 2022

RSS Bailii CRPD cases

  • Donnelly & Anor v Minister for Social Protection & Ors (Approved) [2022] IESC 31 (04 July 2022)0
    From Supreme Court of Ireland Decisions
  • CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CÂMPEANU v. ROMANIA - 47848/08 - Grand Chamber Judgment [2014] ECHR 972 (17 July 2014)0
    From European Court of Human Rights
  • PH, Re Judicial Review [2014] NIQB 60 (29 April 2014)0
    From High Court of Justice in Northern Ireland Queen's Bench Division Decisions
  • Hainsworth v Ministry of Defence [2014] EWCA Civ 763 (13 May 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Hate Crime: Should The Current Offences Be Extended? [2014] EWLC 348 (20 May 2014)0
    From The Law Commission
  • MCDONALD v. THE UNITED KINGDOM - 4241/12 - Chamber Judgment [2014] ECHR 492 (20 May 2014)0
    From European Court of Human Rights
  • Glatzel (Judgment of the Court) [2014] EUECJ C-356/12 (22 May 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • London Borough of Haringey v CM [2014] EWCOP B23 (09 June 2014)0
    From England and Wales Court of Protection Decisions
  • Kaltoft (Advocate General's Opinion) [2014] EUECJ C-354/13_O (17 July 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CAMPEANU v. ROMANIA - 47848/08 - Grand Chamber Judgment [2014] ECHR 789 (17 July 2014)0
    From European Court of Human Rights

RSS MHLO updates

  • Legislation. Health and Care Act 2022
  • MHA showing proposed amendments. Alex Ruck Keene, 'Mental Health Act 1983 as if amended by the draft Mental Health Bill' (30/6/22)
  • Case (Re X procedure and 16/17 year olds). Bolton Council v KL [2022] EWCOP 24
  • Case (Coronavirus vaccination). A Clinical Commissioning Group v FZ [2022] EWCOP 21
  • MH Bill memorandum to scrutiny committee. DHSC and MOJ, 'Mental Health Bill: Memorandum from the DHSC and MOJ to the Delegated Powers and Regulatory Reform Committee' (27/6/22)

RSS Baillii Mental Health Act cases

  • Y (A Minor) [2022] EWFC 69 (24 June 2022)0
    From England and Wales Family Court Decisions (High Court Judges)
  • D (A Child) (Rev2) [2019] UKSC 42 (26 September 2019)0
    From United Kingdom Supreme Court
  • Meadowsv Examining Court, Malaga, Spain [2019] EWHC 2084 (Admin) (30 July 2019)0
    From England and Wales High Court (Administrative Court) Decisions
  • DC000132018 [2019] UKAITUR DC000132018 (31 July 2019)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • PA111702018 [2019] UKAITUR PA111702018 (7 August 2019)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • CD v London Borough of Croydon [2019] EWHC 2943 (Fam) (14 August 2019)0
    From England and Wales High Court (Family Division) Decisions
  • Bristol City Council v Legge [2019] EW Misc 12 (CC) (03 September 2019)0
    From Northern Irish Courts - Miscellaneous
  • De-Banks, R. v [2019] EWCA Crim 1628 (04 September 2019)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • Wakefield Metropolitan District Council & Anor v DN & Anor [2019] EWHC 2306 (Fam) (05 September 2019)0
    From England and Wales High Court (Family Division) Decisions
  • Redcar & Cleveland Borough Council v PR & Ors [2019] EWHC 2305 (Fam) (05 September 2019)0
    From England and Wales High Court (Family Division) Decisions

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