In Re PC [2024] EWCA Civ 895, the Court of Appeal has refused permission to appeal the decision of Cusworth… Read more
The Court of Appeal, life-sustaining treatment and ‘covert consciousness’
Category: Case comments
Belief and mental capacity – the Court of Appeal decides
In Re Sudiksha Thirulamesh (dec’d) [2024] EWCA Civ 896 the Court of Appeal has made very clear how to approach… Read more
A decision for the court or the doctors? A stark question for Henke J
Re AA (Withdrawal of Life-Sustaining Treatment: No Best Interests Decision) [2024] EWCOP 39 (T3) is a difficult case. It concerned… Read more
The inherent jurisdiction, Article 3 ill-treatment, and the limits of the State’s obligations
How far can the State be expected to go in seeking to secure the rights of those in challenging situations? … Read more
Futility and best interests before the Court of Protection
When medical treatment can be considered to be a futile is an important, but sometimes difficult, question. What can make… Read more
A judicial reminder of the hard edges of the treatment regime under the MHA 1983
North Tees and Hartlepool NHS Foundation Trust & Anor v KAG & Ors [2024] EWCOP 38 (T3) is a case… Read more
Right Care, Right Person before the courts
It is perhaps slightly surprising that Right Care, Right Person should make its first reported appearance in case-law in the… Read more
Triage, COVID-19 and decision-making – a perspective from the courts
Perhaps prompted by the publication of the first report of the COVID-19 inquiry today (on the resilience and preparedness of… Read more
Following through a decision to withdraw life-sustaining treatment: a new dilemma for the Court of Protection
In NHS NW London ICB [2024] EWCOP 35, the Vice-President of the Court of Protection, Theis J, gave a careful… Read more
What’s in name? Competence and capacity (and is it enough for a child)?
In Re BC (Child in Care: Change of Forename and Surname) [2024] EWHC 1639 (Fam), Poole J approved a request… Read more