North Tees and Hartlepool NHS Foundation Trust & Anor v KAG & Ors [2024] EWCOP 38 (T3) is a case… Read more
A judicial reminder of the hard edges of the treatment regime under the MHA 1983
Category: Medical treatment
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
Children, capacity and accepting the diagnosis
Y NHS Foundation Trust v AN & Anor [2024] EWHC 805 (Fam) concerned a 16 year old girl, AN, who had… Read more
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