In Re Sudiksha Thirulamesh (dec’d) [2024] EWCA Civ 896 the Court of Appeal has made very clear how to approach… Read more
Belief and mental capacity – the Court of Appeal decides
Category: Comments
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
Mental Health and Justice – project website reborn
Mental Health & Justice was a Wellcome Trust-funded multi-disciplinary research initiative, running between 2017-2023, addressing a cluster of public policy… 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
Rethinking the UK’s approach to dying: lessons from an end-of-life helpline
The charity Compassion in Dying has published a comprehensive and powerful report based on analysis of calls and emails received… 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