In A Local Authority v PS & HS [2019] EWCOP 60, the court had to decide upon an 80 year-old… Read more
Tag: Best interests
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
39 Essex Chambers Best Interests guide updated
Following the update of our guide to capacity assessments, the 39 Essex Chambers Mental Capacity Report team (with the invaluable… 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
The thinnest of legal ice – restricting contact and the MCA
SR v A Local Authority [2018] EWCOP 36 concerned a couple, who had had been married for 58 years, and were… Read more
When not telling is in a person’s best interests
In the personal injury case of EXB v FDZ & Ors [2018] EHWC 3456 (QB), Foskett J had to grapple… Read more