GUP v EUP and UCLH NHS Foundation Trust [2024] EWCOP (25 January 2024)  Cases involving the withdrawal or withholding of life sustaining treatment can be heartrending for all involved, whatever their role.  Such cases will always be uniquely and exceptionally deeply harrowing for P’s family and loved ones. For any person to become embroiled in conflict with professionals as your loved one is dying must add an unimaginable additional burden to one’s grief.  That burden will be far heavier when that family member is also required to issue court proceedings in order to bring the ca ..read more

 Norfolk & Norwich Univ. Hospital NHSF Trust and others v Tooke and others [2023] EWCOP 45 ‘Mum wins court fight to save son’  –  ‘Norwich mum wins dialysis battle’ – ‘Family joy as Jordan wins ‘life or death’ battle’  – ‘Trust in legal battle over care can be named’ Sub-editors’ headlines are what sells newspapers, but it is such a shame that in the race to grab the reader’s attention with warlike language about fights and battles, the really important point in this case has been totally lost. Jordan Tooke is 29 and has a diagnosis of autism, severe learning ..read more

The full episode, hosted by Christopher Johnston KC featuring Claire Watson KC is available here. In this episode, Chris and Claire discuss medical treatment decisions related to assisted reproduction, as discussed in chapter 11 of the new fourth edition of Medical Treatment: Decisions and the Law. Chris and Claire look at XX v Whittington Hospital NHS Trust, Warren v Care Fertility Ltd and the recent case of Jennings v HFEA while discussing the difference between Californian surrogacy versus UK surrogacy, the interpretation of legislation by judges in l ..read more

Re G (Court of Protection: Injunction) [2022] EWCA Civ 1312  (here) The Court of Appeal has helpfully clarified the legal test to be applied in the Court of Protection (‘CoP’) when considering an application for an injunction. The Background G, a 27-year-old woman who suffers with serious progressive disabilities had, since the age of 13, been an inpatient in a paediatric hospital operated by the NHS Trust. In December 2021, Hayden J found that it was “irreconcilable with her dignity” for G to remain in a paediatric ward and so declared that it was in her best interests to be discharged t ..read more

Cambridge University Hospitals NHS Foundation Trust v RD [2022] EWCOP 47 (17.10.22) There is no new law in this tragic case – but what does stand out is the judicial approach that puts the person’s autonomy at the heart of the decision, even where the exercise of that autonomy would, almost certainly, lead to the person’s death. It must be a very rare case where an adult who at times does not have capacity to accept or refuse life-saving treatment, and who has expressed a will to live, is allowed to pursue a course that will lead to their death, but that was the outcome here. The bac ..read more

The full episode, hosted by Christopher Johnston QC featuring Sophia Roper QC, is available here. In this episode, Chris and Sophia discuss medical treatment decisions for minors, as discussed in chapter 4 of the new fourth edition of Medical Treatment: Decisions and the Law. Chris and Sophia consider the process by which the courts, including the appellate courts, reach decisions in a wide range of difficult cases including that of Tafida Raqeeb, where the parental views prevailed over those of the hospital Trust. Members of Serjeants’ Inn Chambers have represented parties in recent cases con ..read more

Re AH [2021] EWCA  1768, 25.11.2021 Introduction The four adult children of AH appealed the order made on 3 September 2021 by Hayden J sitting in the Court of Protection[1], in which he declared that it was not in AH’s best interests for her to continue to receive life-sustaining treatment, namely, ventilatory treatment after 31 October 2021. The order was not to take effect until that date to enable AH’s children to make arrangements (including travel from abroad) to be with their mother at the time that ventilatory support was going to be withdrawn. This in itself was highly unusual (n ..read more

Manchester University NHS Foundation Trust v William Verden (By His Litigation Friend, The Official Solicitor) and anor. [2022] EWCOP 8 Feb 2022 (here) Mrs Justice Arbuthnot has sent out a clear message to all parties in Court of Protection proceedings that, when applying for reporting restrictions, there is an expectation that a full account will be given to the judge of any media coverage that had already taken place. Establishing the best interests of William Verden is an extremely challenging task from a clinical, ethical and legal standpoint.   In early March ’22 ..read more

Judgment has today been handed down in In the matter of X (A Child) (No 2) [2021] EWHC 65 (Fam) an essential read for the law on consent to medical treatment in relation to those under 16 and those aged 16 and 17. The facts: X suffers from sickle cell syndrome and is a Jehovah’s Witness, as is her mother. On occasion, X is admitted to hospital in a crisis when, in the opinion of her treating clinicians, a top up blood transfusion becomes an imperative necessity. There were two such crises in June and October 2020 when urgent applications had to be made to the court for declarations permit ..read more