Paul Bowen KC, sitting as a Tier 3 Judge, helpfully restated the interaction between the MCA and the ECHR in… Read more
Tag: medical treatment
Termination, will and preferences – another difficult dilemma for the Court of Protection
The very difficult case of Re H (An Adult; Termination) [2023] EWCOP 183[1] stands out for the careful attempt by the… Read more
The Court of Protection and reasonably adjusting to disability in the context of dialysis
As explored in this paper and this “in conversation with,” the potential for discrimination in the treatment of conditions requiring… Read more
Appeals from personal welfare decisions – the Court of Appeal allocates the costs
In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in… Read more
When does disbelieving your doctor shade into incapacity? What place diagnosis in the MCA test?
The desperately sad case of An NHS Trust v ST & Anor [2023] EWCOP 40 provides an example of how… Read more
Dialysis and different realities – the Court of Protection has to decide
In Nottingham University Hospitals NHS Trust v JM & Anor [2023] EWCOP 38, Hayden J has helpfully reminded us of… Read more
The Court of Protection faces an agonising dilemma (and why belief is not the same as proof)
Barnet Enfield And Haringey Mental Health NHS Trust & Anor v Mr K & Ors [2023] EWCOP 35 concerned the… Read more
The limits of autonomy – what happens where healthcare professionals consider the choice too risky?
R (JJ) v Spectrum Community Healthcare CIC [2023] EWCA Civ 885, a decision of the Court of Appeal handed down… Read more
Deciding what alternative treatments are reasonable: a task for the doctor or the patient? The Supreme Court decides
In a decision handed down with considerable speed (the hearing being on 10-11 May 2023, and judgment being delivered on… Read more
Restraint, physical health and the detained patient: the rights in play
Norfolk and Suffolk NHS Foundation Trust v HJ [2023] EWFC 92 concerned the question of whether specific authorisation is required… Read more