Medical Treatment Cases

What our barristers do

Since the coming into force of the Mental Capacity Act 2005 in October 2007, there is now a clearly defined body of law relating to those with impaired decision-making capacity. Our barristers have been instrumental in shaping, making and applying that law in the medical treatment context.

Our barristers have been involved in the most important medical treatment cases since the Mental Capacity Act 2005 came into force.

Who our barristers act for

Our barristers are instructed on behalf of hospital trusts and other medical agencies, private bodies, relatives and the Official Solicitor. We also advise and assist public bodies and individuals in respect of both non-contentious medical treatment matters and matters which are concluded without recourse to the court.

We offer a 24-hour service to assist in medical treatment cases, whether by way of advice or representation at out-of-hours hearings as we are acutely aware that difficulties and disputes arise outside the standard working day. Given our experience, we are confident we will be able to find the most appropriate way to resolve disputes or obtain necessary court orders.

Many cases can be resolved (or the issues within them narrowed) by mediation. We have close links with medical mediation services and several of our barristers are themselves trained mediators.

Where our barristers act

Our barristers appear day-in, day-out in cases in the Court of Protection.

Our barristers have appeared in all the Supreme Court cases relating to the Mental Capacity Act 2005 2005, the only case involving the Court of Protection before the European Court of Human Rights, and a high proportion of Court of Appeal cases involving the Mental Capacity Act 2005.

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