The Court of Protection endorses use of the Mental Capacity Act in the course of fertility treatment

On 25th July 1978 something rather remarkable happened. A baby girl was born to two doting parents. Now some days short of her 40th birthday there is nothing to indicate that she is one of the most extraordinary human beings of all time. Louise wasn’t just another baby girl in the maternity wing at Oldham […]

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Guidance for Mental Health Tribunal cases: covert medication disclosure disputes involving patients without the capacity to appoint a representative

M v ABM University Health Board [2018] UKUT 120 (AAC) (UTJ Mitchell) Background The appellant was a patient (‘Mr M’) detained for treatment pursuant to section 3 of the Mental Health Act 1983 since 26 March 2015. The respondent was ABM University Health Board, the responsible authority. The precise chronology is difficult to specify, but […]

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Can clinically assisted nutrition and hydration be withdrawn from PVS or MCS patients without prior authorisation by the Court?

Introduction “Right-to-die cases do not need to go to court, judge rules” or “Judge changes rule on ending life support for terminally-ill” were typical of some of the inaccurate headlines which greeted the recent and important judgment of Peter Jackson J in M (by her litigation friend Mrs B) v A Hospital [2017] EWCOP 19. […]

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M (by her litigation friend Mrs B) v A Hospital [2017] EWCOP 19: Landmark decision from Peter Jackson J

Peter Jackson J has handed down an important judgment concerning the requirement set out in PD9E for an application to be made to the Court in every case where withdrawal of clinically assisted nutrition and hydration is contemplated. In M (by her litigation friend Mrs B) v A Hospital [2017] EWCOP 19, the judge agreed with the […]

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