Townsend v. Epsom & St Hellier University Hospitals NHS Trust [2026] EWCA Civ 195 The Court of Appeal judgment in Townsend, handed down today, may surprise some practitioners dealing with medical treatment applications in the Court of Protection – but it certainly needs close attention from those advising hospital Trusts on such cases. In […]
Read More… from Medical treatment cases: the role of medical decision making
The Mental Health Act 2025, which amends and modernises the Mental Health Act 1983, received Royal Assent on 18 December 2025, albeit the majority of the provisions are not yet in force. The MHA 2025 was a long-awaited act. Detentions under the MHA 1983 rose by over a third between 2006 and 2016, possibly contributed […]
Read More… from A turning point in Mental Health law? The Mental Health Act 2025
In Birmingham Women’s and Children’s Hospital NHS Foundation Trust v KB & and ors [2025] EWHC 1292 (Fam), the Court of Protection had to grapple with some remarkable failures of disclosure in a case involving the withdrawal of life-sustaining treatment from a critically ill child. The Trust had applied for declarations that it would be lawful […]
Hemachandran v Sudiksha Thirumalesh (deceased) and University Hospitals Birmingham NHSFT [2024]EWCA 896 is a landmark judgment given by King LJ with whom LJJ Singh and Baker agree. The successful appeal against the first instance decision that Sudiksha lacked capacity to make decisions about her medical treatment, including palliative care, was brought by her parents. That […]
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 […]