In Re AB [2016] EWCOP 66 which was decided in December 2016, but which only appeared on Bailii in March 2018 (for reasons which will perhaps be self-evident) Mostyn J was asked to approve a treatment regime for a woman with HIV which involved the administration of medication to her on the basis of active […]
Posts tagged medical treatment
The Court of Protection and the Skrip...
In a fascinating judgment just published here, Williams J has held that it is in the best interests of Sergei Skripal and his daughter for fresh blood samples to be taken from them for purposes of testing by the Organisation for the Prohibition of Chemical Weapons. The judgment ranges widely over issues of transparency, habitual […]
Treatment withdrawal – the Indi...
In a true door-stop of a judgment (538 pages) the Indian Supreme Court confirmed on 9 March the lawfulness of advance decisions to refuse treatment, and also confirmed that (with suitable procedural safeguards), treatment may lawfully be withheld from a terminally ill patient or a person in PVS with no prospect of recovery even where no […]
Re Y: watch here
The Supreme Court website now has available for streaming the whole hearing in Re Y. Judgment both is reserved and eagerly awaited to clarify the law in this most significant of areas. In the interim, you may care to play Aintree bingo when watching to see just how great an effect this case has had […]
Confirmation (for now) as to CANH wit...
In Re Y[2017] EWHC 2866 (QB), handed down this morning (13 November), O’Farrell J has declared that it is not mandatory to bring before the Court of Protection the withdrawal of CANH in the case of Mr Y, who has prolonged disorder of consciousness, in circumstances where the clinical team and Mr Y’s family are […]
Assisted dying challenge judgment now...
The decision in R (Conway) v Secretary of State for Justice [2017] EWHC 2447 (Admin) is now available here.
M, Medical Treatment and the Court of...
Introduction In M v A Hospital [2017] EWCOP 19 Peter Jackson J (giving one of his last judgments before his elevation to the Court of Appeal) has made clear his view that there is no legal obligation upon medical practitioners to seek the sanction of the court before withdrawing clinically assisted nutrition and hydration (‘CANH’) from […]
Medical treatment cases and the Court...
Peter Jackson J has just (20 Sept) handed down this important judgment making clear his view that there is no legal obligation to bring cases concerning withdrawal of artificial nutrition and hydration to court. More analysis to follow in due course.
Deprivation of liberty in intensive c...
The Court of Appeal has this morning (26 January) handed down judgment in R(Ferreira) v HM Senior Coroner for Inner South London & Ors [2017] EWCA Civ 31. We will have full analysis of the judgment in the next newsletter due out next week, but in the interim the headline is that the Court of […]
Anorexia: handing back control?
In Cheshire & Wirral Partnership NHS Foundation Trust v Z [2016] EWCOP 50, Hayden J had to contemplate three options on behalf of a woman, Z, detained under the Mental Health Act 1983, with very severe anorexia who had, in the 31 years since being diagnosed at age 15, had never engaged in any meaningful […]
