Judgment on M (Withdrawal of Treatment : Need for Proceedings)

Judgment on M (Withdrawal of Treatment : Need for Proceedings)

CategoryNews Author Parishil Patel KC, Victoria Butler-Cole KC Date

The High Court today handed down judgment in a case concerning withdrawal of CANH from a woman with end stage Huntington’s disease.

The woman’s mother and litigation friend asked the court to determine whether the application had been necessary, since the family and doctors were in agreement that withdrawal was in the woman’s best interests.  Peter Jackson J’s judgment concludes that no court application was required.  Coming hot on the heels of the obiter comments of the Court of Appeal in Briggs that court applications are only required where there is a dispute, this is an important contribution to the current debate about PD9E and essential reading for any solicitor advising a Trust or CCG client whether court proceedings are needed.

Victoria Butler-Cole and Parishil Patel appeared in the case for P and the treating hospital respectively.

To read the full judgment, please click here.

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