Cases

O'Brien v Guy's & St Thomas' NHS Trust

We briefly mention the personal injury case of O'Brien v Guy's & St Thomas' NHS Trust [2022] EWHC 2735 (KB) for its consideration of the correlation between negligence and acting contrary to national and/or in-house clinical guidelines. The centr... Read more  
 
Other proceedings - Civil

(Morahan) v His Majesty's Assistant Coroner for West London

Summary The Court of Appeal has again rejected attempts to expand the reach of Rabone and arguments that Article 2 ECHR was engaged in the death of a voluntary mental health patient who died while on leave, not by suicide, but by an involuntary over... Read more  
 
Other proceedings - Civil

Re E (A Child)

E was an autistic 17-year-old with additional diagnoses of ADHD and learning difficulties. He had previously been accommodated by the local authority with the consent of his parents, due to his challenging behaviour, and was later made the subject of... Read more  
 
Article 5 ECHR - Children and young persons , Article 5 ECHR - Deprivation of liberty

Cambridge University Hospitals NHS Foundation Trust and Cambridgeshire and Peterborough NHS Foundation Trust v RD, Mrs RD and Mr RD

Summary In Cambridge University Hospitals NHS Foundation Trust and Cambridgeshire and Peterborough NHS Foundation Trust v RD, Mrs RD and Mr RD [2022] EWCOP 47, Lieven J was concerned with a 26-year-old woman, RD, with diagnoses of Emotionally Unstab... Read more  
 
Medical treatment

Re J (Deprivation of Liberty: Hospital)

Summary A 13-year-old girl (‘J’) with complex needs arising from ASD and ADHD was the subject of an interim care order. She was in hospital (but attending school) because the Local Authority was not able to find any accommodation for her. This was t... Read more  
 
Article 5 ECHR - Children and young persons , Media - Anonymity

Lancashire & South Cumbria NHS Foundation Trust & Lancashire County Council v AH

Summary This case considered whether AH, who had diabetes and a diagnosis of a mild learning disability, had capacity to make decisions about residence, care, sharing information concerning her physical and mental health and care, and to conduct the... Read more  
 
Medical treatment

Re G (Court of Protection: Injunction)

In Re G (Court of Protection: Injunction) [2022] EWCA Civ 1312, arising out of a difficult and long-running medical treatment case being heard by Hayden J, the Court of Appeal has definitively set out the test that needs to be applied by a Court of P... Read more  
 
COP Jurisdiction and powers - Injunctions

Re A (Covert Medication: Closed Proceedings)

Summary This case concerned the personal welfare of A, a woman of 23 with a diagnoses of mild learning disability and Asperger’s syndrome who was found to lack capacity to conduct this litigation or to make decisions about her residence, care, conta... Read more  
 
Best interests - Medical treatment

AXX v Zajac (Vulnerable parties - Article 6 ECHR - PD1A - case management - split trial - disability - brain injury - personal injury - psychosis - PTSD - mental health - Equal Treatment Bench Book - adjustments)

Summary  The judgment of Master McCloud in AXX v Zajac is the first reported judgment concerning the provisions of CPR PD1A, concerning vulnerable litigants.  It is a model in two ways.   Firstly, it contains a plain language summary at the outset f... Read more  
 
Other proceedings - Civil

Newcastle Upon Tyne NHS Foundation Trust v MB

Summary This case concerns the medical treatment of MB, a 30-year-old man suffering from neuropsychiatric symptoms. In May 2022 he was given a working diagnosis, following a brain biopsy, of T-cell cancer of the skin, brain and bone marrow. The dise... Read more  
 
Best interests - Medical treatment

Guy's And St Thomas' NHS Foundation Trust v A & Ors

 
Medical Treatment - Treatment Withdrawal

Traskunova v. Russia

In Traskunova v Russia, the Third Section of the Strasbourg Court revisited the issue of capacity and informed consent, this time in the context of experimental treatment and a breach of Article 2 ECHR.   The applicant’s daughter, Ms AT, died age 59... Read more  
 
Mental capacity - Medical treatment