In Nottingham University Hospitals NHS Trust & Anor v RL & Ors [2023] EWCOP 22 (a decision handed down in… Read more
Category: Medical treatment
Reporting restrictions and serious medical treatment cases – a difficult (evidenced) balance
In the conjoined appeals of Abbasi and Haastrup [2023] EWCA Civ 331, the Court of Appeal has grappled with the… Read more
Advance decisions to refuse treatment – presuming a presumption of capacity?
In NHS Surrey Heartlands ICB v JH [2023] EWCOP 3, Hayden J was asked to consider whether an advance decision… Read more
Adults with impairments are not big children – a ringing refutation of a “regressive” assertion
Hayden J had the chance in Re RN [2022] EWCOP 53 to put comprehensively to bed a suggestion that it… Read more
Archie Battersbee: the context and the relevance of the Convention on the Rights of Persons with Disabilities
For several days, the case of Archie Battersbee has been a lead story in the media in England & Wales. … Read more
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… Read more
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… Read more
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… Read more
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… Read more
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… Read more