Hemachandran v Sudiksha Thirumalesh (deceased) and University Hospitals Birmingham NHSFT [2024]EWCA 896 is a landmark judgment given by King LJ with whom LJJ Singh and Baker agree. The successful appeal against the first instance decision that Sudiksha lacked capacity to make decisions about her medical treatment, including palliative care, was brought by her parents. That
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Don’t ignore the Vice President’s Practice Guidance when a decision relates to the provision of life-sustaining treatment
By Celia Davies
GUP v EUP and UCLH NHS Foundation Trust [2024] EWCOP (25 January 2024)
Cases involving the withdrawal or withholding of life sustaining treatment can be heartrending for all involved, whatever their role. Such cases will always be uniquely and exceptionally deeply harrowing for P’s family and loved ones.
For any person to become embroiled in…
Behind the headlines: upholding the value of a disabled life
By Celia Davies
Norfolk & Norwich Univ. Hospital NHSF Trust and others v Tooke and others [2023] EWCOP 45
‘Mum wins court fight to save son’ – ‘Norwich mum wins dialysis battle’ – ‘Family joy as Jordan wins ‘life or death’ battle’ – ‘Trust in legal battle over care can be named’
Sub-editors’ headlines are what sells newspapers, but it…
New Podcast: Season 1 Episode 3 Clerk’s Perspective: Serious Medical Treatment cases
By Emma Nourry
The full episode, hosted by Christopher Johnston KC featuring Tom O’Connor is available here.
In this episode, Christopher Johnston KC is joined by Tom O’Connor, Clerking Team Leader at Serjeants’ Inn Chambers. Whilst Tom is not an author of Medical Treatment: Decisions and the Law, he plays a key part in the work…
Autonomy above all else
By Emma Nourry
Cambridge University Hospitals NHS Foundation Trust v RD [2022] EWCOP 47 (17.10.22)
There is no new law in this tragic case – but what does stand out is the judicial approach that puts the person’s autonomy at the heart of the decision, even where the exercise of that autonomy would, almost certainly, lead to the…
‘Just and convenient’ to give injunctive relief in the Court of Protection
By Emma Nourry
Re G (Court of Protection: Injunction) [2022] EWCA Civ 1312 (here)
The Court of Appeal has helpfully clarified the legal test to be applied in the Court of Protection (‘CoP’) when considering an application for an injunction.
The Background
G, a 27-year-old woman who suffers with serious progressive disabilities had, since the age of 13,…
New Podcast: Season 1 Episode 2 Assisted Reproduction
By Emma Nourry
The full episode, hosted by Christopher Johnston KC featuring Claire Watson KC is available here.
In this episode, Chris and Claire discuss medical treatment decisions related to assisted reproduction, as discussed in chapter 11 of the new fourth edition of Medical Treatment: Decisions and the Law.
Chris and Claire look at XX v Whittington Hospital…
New Podcast: Season 1 Episode 1 Deciding for Others – Children
By Emma Nourry
The full episode, hosted by Christopher Johnston QC featuring Sophia Roper QC, is available here.
In this episode, Chris and Sophia discuss medical treatment decisions for minors, as discussed in chapter 4 of the new fourth edition of Medical Treatment: Decisions and the Law. Chris and Sophia consider the process by which the…
Just launched: Medical Treatment: Decisions and the Law podcast
By Celia Davies
Listen to the preview episode with the hosts here.
This podcast, hosted by Christopher Johnston QC and Sophia Roper QC, will feature different authors in each episode, looking further and discussing the various topics covered by the book.
The podcast will complement the textbook, Medical Treatment: Decisions and the Law, which is edited…
Duty of FULL disclosure when applying for a Reporting Restrictions Order
By Emma Nourry
Manchester University NHS Foundation Trust v William Verden (By His Litigation Friend, The Official Solicitor) and anor. [2022] EWCOP 8 Feb 2022 (here)
Mrs Justice Arbuthnot has sent out a clear message to all parties in Court of Protection proceedings that, when applying for reporting restrictions, there is an expectation that a full account will be…