In AB v CD & Ors [2021] EWHC 741 (Fam), Lieven J has considered further the fall-out from the Bell… Read more
Tag: medical treatment
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
Vaccination – another case, and confirmation of the centrality of the person’s wishes and feelings
In a further judgment concerning vaccination for COVID-19, Hayden J has amplified the approach that he set out in E… 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
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
When is a refusal by a 16 or 17 year old of treatment determinative?
When should refusal of treatment by someone under 18 be determinative? For many years, it had been thought that 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
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