Some may remember that the Court of Appeal was going to give a judgment setting out what to do where… Read more
Fluctuating capacity – micro vs macro decisions
Category: Medical treatment
Contingency planning and the Court of Protection
In United Lincolnshire Hospital NHS Trust v CD [2019] EWCOP 24, Francis J has grappled with a subject that has… Read more
Birth arrangements, interventions and the art (not science) of capacity
In NHS Trust v P [2019] EWCOP 23, Williams J was asked to endorse the covert carrying out (under general… Read more
Medical treatment, best interests, and the desire to live
If proof were needed that Bland has politely been consigned to the history books, it can be found in the… Read more
Life-sustaining treatment – what would P have done? And does it make a difference that she is in a ‘pro-life’ nursing home?
In A Clinical Commissioning Group v P (Withdrawal of CANH) [2019] EWCOP 18, MacDonald J gave a detailed judgment to… Read more
Reproductive rights and when it is ‘right’ to go to court
University Hospitals of Derby And Burton NHS Foundation Trust v J (Medical Treatment: Best Interests) [2019] EWCOP 16 concerned whether it… Read more
Will, preferences, amputation – and the need for early involvement of the court
The decision of Lieven J in East Lancashire Hospitals NHS Trust v PW [2019] EWCOP 10[1] is of importance for… Read more
ADRTs, medical obligations and decision-making relation in CANH
In NHS Cumbria CCG v Rushton [2018] EWCOP 41, Hayden J has both given clear endorsement to the BMA/RCP guidance… Read more
Supreme Court confirms that no need to go to court before treatment withdrawal where doctors and family agree
In Re Y [2018] UKSC 46, the Supreme Court has given the definitive answer to a question that has been… Read more
Wishes, feelings (and transparency)
The small body of appellate level jurisdiction on the MCA has been added to in Re RW [2018] EWCA Civ 1067, concerning… Read more