Author: Imogen Hildred

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 […]

Read More… from Re Thirumalesh – the Court of Appeal explains why the established view that the MCA contains a belief requirement is wrong in law

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 […]

Read More… from Don’t ignore the Vice President’s Practice Guidance when a decision relates to the provision of life-sustaining treatment

 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 […]

Read More… from Behind the headlines: upholding the value of a disabled life

The full episode, hosted by Christopher Johnston KC featuring Tom O’Connor is available here. In this episode, Christopher Johnston KC is joined by Tom O’Connor, Clerking Team Leader at Serjeants’ Inn Chambers. Whilst Tom is not an author of Medical Treatment: Decisions and the Law, he plays a key part in the work mentioned in […]

Read More… from New Podcast: Season 1 Episode 3 Clerk’s Perspective: Serious Medical Treatment cases

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 […]

Read More… from Autonomy above all else