In a further judgment concerning vaccination for COVID-19, Hayden J has amplified the approach that he set out in E… Read more
Category: Medical treatment
Covert medication and involving the Court of Protection
In An NHS Trust v XB & Ors [2020] EWCOP 71, Theis J has further emphasised the thin legal ice… Read more
Getting the stages of the capacity test in the right order (and where rights, will and preferences do not pull in the same direction)
In Pennine Acute Hospitals NHS Trust v TM [2021] EWCOP 8, Hayden J considered an urgent application made by the… Read more
When is a refusal by a 16 or 17 year old of treatment determinative?
When should refusal of treatment by someone under 18 be determinative? For many years, it had been thought that the… Read more
Incapacity and the limits of persuasion
In Avon and Wiltshire Mental Health Partnership v WA & Anor [2020] EWCOP 37, Hayden J had to consider the… Read more
Stem cell donation, altruism and the Court of Protection
In A NHS Foundation Trust v MC [2020] EWCOP 33, Cohen J has confirmed that it can be in the… Read more
‘True’ best interests, advance decisions and the subjective approach
In Barnsley Hospitals NHS Foundation Trust v MSP [2020] EWCOP 26, Hayden J considered an application, initially made to him… Read more
Treatment escalation and best interests
In University Hospitals Bristol NHS Foundation Trust v ED [2020] EWCOP 18, Moor J had to consider whether treatment escalation would… Read more
Medical treatment, due haste, and capacity complexities
Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has… Read more
Medical treatment: delay, neglect and judicial despair
Following the recent – deeply troubling – case involving Sherwood Forest Hospitals Foundation NHS Trust, Hayden J has had to… Read more