An NHS Trust and others (Respondents) v Y (by his litigation friend, the Official Solicitor) and another (Appellants)

Mental Capacity Law Cases

Re RW


Summary[1] The small body of appellate level jurisdiction on the MCA has been added to in this case,  concerning the continued provision of clinically assisted nutrition and hydration (CANH) via… Read more »

CategoryBest interests - Medical treatment, Practice and procedure - Other, Practice and procedure Date

B v D


Summary In this fascinating case, Baker J had to consider whether it was in the best interests of a soldier, D, to travel to Serbia to receive stem cell treatment for… Read more »

CategoryBest interests - Medical treatment Date

Director of Legal Aid Casework et al v Briggs


Summary The Court of Appeal has overturned the decision of Charles J that he could, within the scope of MCA s.21A proceedings (and hence non-means-tested legal aid), consider whether life-sustaining treatment should… Read more »

CategoryBest interests - Medical treatment, Article 5 ECHR - Deprivation of liberty, Deputies - Financial and property affairs, Article 5 ECHR - DOLS authorisations Date

NHS Foundation Trust v QZ


Summary This was an application by an NHS Foundation Trust for an order permitting a hysteroscopy and endometrial biopsy under general anaesthetic, with the objective of identifying the cause of… Read more »

CategoryBest interests - Medical treatment Date

Re CA (Natural Delivery or Caesarean Section)


Summary This case concerned a 24 year old woman, CA, with a diagnosis of autism and a mild learning disability who, it was thought, had undergone some form of female… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Contact Date

Cheshire & Wirral Partnership NHS Foundation Trust v Z


Summary In Re Z, 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,… Read more »

CategoryBest interests - Medical treatment Date

Abertawe Bro Morgannwg University LHB v RY and CP


Summary In this case, Hayden J returned to a theme that has been exercising him increasingly. As he noted during exchanges with Counsel for a family member in an application… Read more »

CategoryBest interests - Medical treatment Date

The Acute Trust v R (by his litigation friend, the Official Solicitor) & The Mental Health Trust


Summary This application, heard before Christmas, but only recently appearing on Bailii, concerned a 40-year old man (R) suffering from chronic paranoid schizophrenia who had been diagnosed with an incurable… Read more »

CategoryBest interests - Medical treatment Date

Re A (A Child)


Summary This appeal arose following an application made by an NHS Trust to withdraw life-sustaining treatment, in particular, to remove respiratory support by a ventilator from a patient with the… Read more »

CategoryBest interests - Medical treatment Date

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