Update to main text para 13.19, page 416: In a fascinating speech, ‘A Matter of Life and Death’, given at Oxford on 11 October 2016[1], Baker J addressed the courts’ current approach to whether or not to permit withdrawal of clinically assisted artificial nutrition and hydration from a patient in a prolonged disorder of consciousness. […]
Update to main text para 13.11, page 399 Mr Briggs[1] was agreed to be in a minimally conscious state; he was clinically stable and not in need of any invasive treatment. His treating team believed that he should be moved to a rehabilitation centre, where he could be monitored and potentially progress to a higher […]
Update to para 6.129, page 221: Conclusion and Future Legislation The Law Commission published its final Report on Mental Capacity and Deprivation of Liberty on 13 March 2017, along with a draft Bill. The full report is available here and a summary of the Law Commission’s conclusions are set out below. As anticipated, the Law Commission […]
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Update to main text para 13.11, page 399: Withdrawal of treatment in MCS Abertawe Bro Morgannwg University Local Health Board v RY & CP [016] EWHC 3256 (Fam) Decided only months after Briggs and Baker J’s Oxford speech (see main text at para 13.13.), this unsuccessful application for withdrawal of life-sustaining treatment […]
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Update to para 2.5, page 33 New footnote 6: White v Philips [2017] EWHC 386 (Ch) The legal test as to testamentary capacity is a common law one and the classic statement of the test, being found in Banks v Goodfellow (1870) LR5 QB 549, is almost 150 years old. Since judicial application of the […]