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Court Authorises NHS Trusts to Carry Out Planned Caesarean

The Court of Protection recently granted an application by two NHS trusts for authorisation to carry out a planned caesarean in respect of a woman who was due to give birth. The 29-year-old woman had treatment resistant paranoid schizophrenia. She had...

Court Rules Withdrawal of Life-Sustaining Treatment Lawful

It is understandably common for family members and friends to take a more optimistic view of a patient's prospects of recovery than the medical professionals involved. A tragic case in which the High Court considered whether it would be lawful to...

Son Entitled to Shares Under Oral Agreement

When entering into business relationships, it is always sensible to record any agreements in writing to minimise the risk of later disputes. The point was demonstrated in a recent case in which the High Court upheld a man's claim that he was entitled under...

Placement in England in Woman's Best Interests, Court Rules

In a decision it described as 'finely balanced', the Court of Protection recently ruled on whether it was in a woman's best interests to remain in her current placement in England or move to a new placement in Scotland, where she had previously lived and...

Planned Caesarean in Woman's Best Interests

The Court of Protection recently had to decide whether a pregnant woman had capacity to decide whether or not to undergo a planned Caesarean section and, if she did not, whether the procedure was in her best interests. The 37-year-old woman had been...

NHS Trust Can Rely on Parental Consent to Girl's Treatment

In a recent case involving an application to permit naso-gastric feeding of a 12-year-old girl, the High Court considered how to resolve an apparent conflict between the Code of Practice to the Mental Health Act 1983 and common-law authorities around...

Court Finds Continued Treatment is in Man's Best Interests

The courts are often called upon to decide whether continued treatment is in the best interests of patients. Recently, the Court of Protection rejected an NHS trust's application for a declaration that it was not in a man's best interests to have a new...

Court Refuses Request to Observe Hearing

Court and tribunal hearings usually take place in public, as part of the principle of open justice. However, a judge can decide to hold a hearing in private if it is deemed necessary for the proper administration of justice. Recently, the Court of...

Court Authorises Withdrawal of Life-Sustaining Treatment

When deciding whether it is in a patient's best interests to continue life-sustaining treatment, the courts will look to the patient's views and beliefs, where known, as well as the medical evidence. In a sad case concerning a 66-year-old man in a state of...

Life-Sustaining Treatment Not in Disabled Boy's Best Interests

In cases of serious injury or disability, judges may be called upon to make difficult decisions about whether it is in the patient's best interests to continue life-sustaining treatment. A tragic High Court case concerning a severely disabled four-year-old...
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