Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has… Read more
Medical treatment, due haste, and capacity complexities
Category: Case comments
When not to presume upon a presumption
The correct application of the presumption of capacity in s.1(2) MCA is a perennially difficult question. On the one hand,… 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
Contingencies, capacity and Caesarean sections
In GSTT & SLAM v R [2020] EWCOP 4, Hayden J has come back to the extremely thorny question of what… Read more
Fluctuating capacity – another judicial take
In Cheshire West And Chester Council v PWK [2019] EWCOP 57, Sir Mark Hedley had to consider (in the context… Read more
Will, preferences and estrangement
In A Local Authority v PS & HS [2019] EWCOP 60, the court had to decide upon an 80 year-old… Read more
RPRs, attorneys, BIAs and legal aid
In The London Borough of Hillingdon v JV & Ors [2019] EWCOP 61, decided at the end of last year but… Read more