The NHS Foundation Trust v KL

Summary In this case, HHJ Burrows addressed two questions in relating to ‘community DoL’ applications that have bubbled away for some time.  As he noted at paragraph 2: The first is whether, in order to satisfy the requirement under Article 5§1(e),... Read more  
Article 5 ECHR - Deprivation of liberty

The NHS Foundation Trust v K

Summary In this case Judd J had to consider an application for declarations with respect for K, a young person who was currently an inpatient in intensive care, with a progressive condition and whose treating doctors considered to be reaching the en... Read more  
Best interests - Medical treatment

TA v The Public Guardian

Summary The obligations on the certificate provider in a case from December 2023 which arrived on Bailii too late for the February 2024 Mental Capacity Report, Lieven J has confirmed something which might have been thought obvious: namely that a cer... Read more  
Lasting Powers of Attorney - Revocation

Re BNK (Dental Treatment)

Summary Paul Bowen KC, sitting as a Tier 3 Judge, has helpfully restated the interaction between the MCA and the ECHR in the medical treatment context. The case concerned dental treatment in relation to a 36 year old man with profound cognitive impa... Read more  
Best interests - Medical treatment

The Health Service Executive of Ireland v A Hospital Provider

In The Health Service Executive of Ireland v A Hospital Provider [2023] EWCOP 55, the Vice-President, Theis J, rejected the proposition that there might be cases involving deprivation of liberty under cover of a foreign order put forward for recognit... Read more  
Recognition and enforcement

Manchester University NHS Foundation Trust v Mr Y & Ors

Summary  A 42-year-old man was found unresponsive, brought to A&E with multiple injuries, and had a seizure necessitating intensive care. There had been prior concerns that he was not taking his antipsychotic medication for paranoid schizophreni... Read more  
Best interests - Medical treatment

Re GH (Mastectomy: Best Interests: Costs)

Summary This matter related to GH, who was 52 and had a diagnosis of schizoaffective disorder. The substantive application sought orders that GH should undergo breast cancer surgery which were granted. However, the case is of greater interest for it... Read more  
COP Jurisdiction and powers - Costs

East Suffolk and North Essex NHS Foundation Trust v DL and Norfolk and Suffolk NHS Foundation Trust

Summary In the first reported Court of Protection decision by the newly-appointed Ms Justice Henke, she considered the sad case of DL, a woman in her 30s who was detained in a psychiatric intensive care unit under s.3 Mental Health Act 1983. As Henk... Read more  
Best interests - Medical treatment

Norfolk and Norwich University Hospitals NHS Foundation Trust & Ors v Tooke & Ors

As explored in this paper and this “in conversation with,” the potential for discrimination in the treatment of conditions requiring dialysis and/or organ donation is large where the person has impaired decision-making capacity.  This case shows the ... Read more  
Best interests - Medical treatment

Re PN (Capacity: Sexual Relations and Disclosure)

Summary  This matter related to PN, a 34-year-old man who had diagnoses of a mild learning disability and autistic spectrum disorder. There was no dispute as to PN’s diagnoses or his lack of capacity to conduct proceedings, or to make decisions as t... Read more  
Mental capacity - Sexual relations

Re H (An Adult; Termination)

Summary  This very difficult case stands out for the careful attempt by the judge – John McKendrick KC (sitting as a Tier 3 judge) – to comply with (in CRPD language) the will and preferences of a woman with a mental disorder undergoing a profound c... Read more  
Best interests - Medical treatment , Practice and procedure - Other

University Hospitals Birmingham NHS Foundation Trust v Thirumalesh & Ors

In the case of ST, Roberts J found that the 19 year old in question lacked capacity to decide upon her medical treatment because (we summarise) she could not believe her doctors when they told her that she was dying.   ST did, in fact, die shortly af... Read more  
Best interests - Medical treatment , Practice and procedure - Other