Court offers guidance on legal framework applying to anticipatory declarations (An NHS Foundation Trust and another v R)

An NHS Foundation Trust and another v R [2020] EWCOP 4, [2020] All ER (D) 07 (Feb) Private Client analysis: The judgment considers the correct legal framework to apply where a person before the Court of Protection has capacity to make decisions regarding their medical treatment but could lose that capacity under certain circumstances. Rhys […]

Read More… from Court offers guidance on legal framework applying to anticipatory declarations (An NHS Foundation Trust and another v R)

The UK Coronavirus regulations – legal powers to control a public health crisis

At 6.50 am on 10 February 2020 Matt Hancock signed off the Health Protection (Coronavirus) Regulations 2020, SI 2020/129. The press reported that the urgent need for the regulations was that some people subject to quarantine by agreement had said they could see little point in the process and intended to leave. I suggested when I […]

Read More… from The UK Coronavirus regulations – legal powers to control a public health crisis

No Place for the Best Interests Test in Cases of Brain Stem Death

Judges in the Family Division and the Court of Protection are regularly asked to perform the unenviable task of balancing the pros and cons of continuing life-sustaining treatment. The Judge’s decision determines whether the person at the heart of those proceedings should live or die. As the Supreme Court confirmed in a number of appeals […]

Read More… from No Place for the Best Interests Test in Cases of Brain Stem Death