EIn University College London Hospitals NHS Foundation Trust v HER & Anor [2024] EWCOP 25, Senior Judge Hilder had to… Read more
What does it mean to be an expert in the person? The Court of Protection decides
Category: Medical treatment
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
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