Vikram Sachdeva QC and Catherine Dobson (for the Trust) and Victoria Butler-Cole (for the wife) act in landmark decision establishing that where there is no dispute between the hospital and family, there is no legal obligation to make an application to court authorising withdrawal of Clinically Assisted Nutrition and Hydration. Mr. Y is a 52 year old man who suffered a cardiac arrest in June 2017 and remains in a vegetative state with poor prospects of recovery, which is a situation his family say he would not wish to prolong.
On 13 November 2017 O’ Farrell J, sitting in the Queen’s Bench Division, granted the Trust’s urgent application for a declaration, supported by the family, that an application to court was unnecessary.
The Official Solicitor, acting as the litigation friend of Mr. Y, has obtained permission to appeal on the basis that there is a risk of a breach of Article 2 and/or 6 of the Convention, and has sought an expedited leapfrog appeal to the Supreme Court.
To read the full judgment, please click here.