In Re PC [2024] EWCA Civ 895, the Court of Appeal has refused permission to appeal the decision of Cusworth… Read more
The Court of Appeal, life-sustaining treatment and ‘covert consciousness’
Category: Medical treatment
Belief and mental capacity – the Court of Appeal decides
In Re Sudiksha Thirulamesh (dec’d) [2024] EWCA Civ 896 the Court of Appeal has made very clear how to approach… Read more
A decision for the court or the doctors? A stark question for Henke J
Re AA (Withdrawal of Life-Sustaining Treatment: No Best Interests Decision) [2024] EWCOP 39 (T3) is a difficult case. It concerned… Read more
Futility and best interests before the Court of Protection
When medical treatment can be considered to be a futile is an important, but sometimes difficult, question. What can make… Read more
A judicial reminder of the hard edges of the treatment regime under the MHA 1983
North Tees and Hartlepool NHS Foundation Trust & Anor v KAG & Ors [2024] EWCOP 38 (T3) is a case… Read more
Brain stem death and the courts – what to do where there is no clinical justification for hoping for a miracle
University Hospitals Bristol and Weston NHS Foundation v The Mother of G [2024] EWHC 1288 (Fam) adds to the small… Read more
What does it mean to be an expert in the person? The Court of Protection decides
EIn University College London Hospitals NHS Foundation Trust v HER & Anor [2024] EWCOP 25, Senior Judge Hilder had to… Read more
The older child and medical treatment decisions – mental capacity or competence?
Re J (Blood Transfusion: Older Child: Jehovah’s Witnesses) [2024] EWHC 1034 (Fam) is a characteristically thoughtful judgment from Cobb J,… Read more
Serious medical treatment – the importance of the public record
In 2014, a (relatively) very long time ago, Sir James Munby, then President of the Court of Protection, issued guidance… Read more
Capacity, presumptions and catastrophe
As Lieven J noted in her opening paragraph, A Council v An NHS Foundation Trust & Ors [2024] EWHC 874… Read more