When should refusal of treatment by someone under 18 be determinative? For many years, it had been thought that the… Read more
When is a refusal by a 16 or 17 year old of treatment determinative?
Category: Medical treatment
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
Not only inimical… but potentially fatal, an update
Further to the judgment in Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, discussed here, it… Read more
Refusing food, (in)capacity and coming to court
In QJ v A Local Authority Hayden J was considering the situation of an 87 year old man with vascular… Read more
Not only inimical… but potentially fatal: medical treatment cases and delay
In Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, the delay in bringing and then resolving… Read more