The Royal College of Physicians has published (10 March 2021) a guide to practical care and clinical assistance. Its particular… Read more
Tag: Best interests
When would continuing life-sustaining treatment be unethical? Another agonising dilemma before the Court of Protection
In Re NZ [2021] EWCOP 16, Hayden J had to address, in even more acute form, the dilemma that he… Read more
How long can you wait to allow the family to gather around the bedside? The agonisingly fine line between best interests and clinical appropriateness
In Sandwell And West Birmingham Hospitals NHS Trust v TW & Anor [2021] EWCOP 13, Hayden J considered a version… Read more
Covert medication and involving the Court of Protection
In An NHS Trust v XB & Ors [2020] EWCOP 71, Theis J has further emphasised the thin legal ice… Read more
What to do when P wants to return home abroad?
In Re UR [2021] EWCOP 10, Hayden J has set out a checklist for situations where the Court of Protection… Read more
Getting the stages of the capacity test in the right order (and where rights, will and preferences do not pull in the same direction)
In Pennine Acute Hospitals NHS Trust v TM [2021] EWCOP 8, Hayden J considered an urgent application made by the… Read more
The ‘frozen’ attorney – what to do where an attorney cannot decide?
In the course of recent work (including in the context of the revision to the MCA Code of Practice) an… Read more
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
39 Essex Chambers Best Interests Guide updated
The best interests guide we do in Chambers has been updated to take account of developments since the last iteration… 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