Sir Mark Hedley has given an impressively short judgment approving an unusual settlement of a claim for damages under the Human Rights Act 1998. The claim was brought by CH, a 38-year-old man with Downs Syndrome and an associated learning difficulty. CH married WH in 2010 and they lived together in his parent’s home, enjoying […]
The worldwide number of people living with dementia in 2015 was estimated at 47 million. By 2030, that figure will reach more than 75 million, and by 2050, more than 135 million[1]. The latter is equivalent to the combined populations of the UK and France with one new case being diagnosed every 3.2 seconds[2]. This […]
How many of us have thought about making a living will? Living wills — or, more accurately, advance decisions — enable adults with mental capacity to make a decision to refuse treatment if they lose capacity in the future. One of the most common reasons why people lose capacity and require medical treatment is dementia. […]
In the final part of the sad saga regarding the withdrawal of artificial nutrition and hydration from a brain injured man in MCS, the Court of Appeal have now made it clear in Director of Legal Aid Casework & Ors v Briggs [2017] EWCA Civ 1169 that seeking an order under section 21A of the […]
Update to para 5.35, page 160: Costs In MR v SR and Bury Clinical Commissioning Group [2016] EWCOP 54[1], a rare costs award has been made in a medical case in the Court of Protection. The substantive application in this case was brought by SR’s daughter, MR, in the face of the Clinical Commissioning Group’s […]