Y NHS Foundation Trust v AN & Anor [2024] EWHC 805 (Fam) concerned a 16 year old girl, AN, who had… Read more
Children, capacity and accepting the diagnosis
Category: Medical treatment
Exercising legal capacity and termination: a creative approach by the Court of Protection
The very difficult case of Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP… Read more
Don’t ignore the Serious Medical Treatment Guidance – but let’s be clear about what the law requires
This is a post co-written by Tor Butler-Cole KC and I, prompted by the decision in GUP v EUP and… Read more
An interface overcome – physical treatment for a detained patient
A Hospital NHS Foundation Trust v K [2023] EWCOP 59 concerned the treatment for leukaemia of a patient detained under… Read more
Medical treatment and the clarity of options
In The NHS Foundation Trust v K [2023] EWCOP 57, Judd J had to consider an application for declarations with… Read more
The MCA and human rights – a refresher
Paul Bowen KC, sitting as a Tier 3 Judge, helpfully restated the interaction between the MCA and the ECHR in… Read more
Termination, will and preferences – another difficult dilemma for the Court of Protection
The very difficult case of Re H (An Adult; Termination) [2023] EWCOP 183[1] stands out for the careful attempt by the… Read more
Appeals from personal welfare decisions – the Court of Appeal allocates the costs
In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in… Read more
Brain stem death, an explainer of the law in England & Wales, and a question of consent
The case of Andy Casey sheds light again on the difficult question of diagnosing death by neurological criteria (‘DNC’), and… Read more
When does disbelieving your doctor shade into incapacity? What place diagnosis in the MCA test?
The desperately sad case of An NHS Trust v ST & Anor [2023] EWCOP 40 provides an example of how… Read more