The key question in this case, which will be back in court on 2nd July 2026, is whether or not a man in his 40s, who had an out-of-hospital cardiac arrest about a month ago) is now “brain stem dead”.
Category Archives: Serious Medical Treatment
“Steadying the ship”: Vice President’s judgment will list factors to consider before making applications for declaratory relief in life-sustaining treatment cases relating to the Mental Health Act
By Sydney White, 24th June 2026 The grave facts of this case (COP 20033278, before Mrs Justice Theis on 23rd June 2026) are discussed in a previous blog (Anorexia, declaratory protection and the Mental Health Act: Ventilating a jurisdictional question following Townsend). In summary it concerns a woman (“P”) who suffers from anorexia nervosa and isContinue reading ““Steadying the ship”: Vice President’s judgment will list factors to consider before making applications for declaratory relief in life-sustaining treatment cases relating to the Mental Health Act”
Consultation with Health and Welfare Attorneys/Deputies: A ‘lacuna in the system’ exposed in Cwm Taf Morgannwg UHB v RW [2026] EWCOP 10 (T3)
In ignoring her role as decision-maker and failing to consult about treatment, the hospital displayed “a stark disregard for and misunderstanding of the Mental Capacity Act 2005” said the Health and Welfare Attorney.
Renal Failure Case Returns: Dialysis problems and Barnet’s non-compliance with a court order
Non-compliance from the public body was dealt with by judicial expressions of incomprehension (“I’m struggling to understand…”) about the Local Authority’s failure to act and about their failure to apologise for not doing so. This led to an acknowledgement of (some) fault by Barnet…
P’s Advance Decision to Refuse Treatment is not valid, not applicable, and not a reflection of her past or present wishes
It seems to me that the judge was entitled to make the decision that P’s ADRT was invalid. That causes me concern because of what it means not just for P but for everyone else with ADRTs. Do our ADRTs adequately reflect what we want? Do we really understand what they might mean for how we are treated – or not treated – in future?
“Let me talk about my partner’s death”– Court of Protection told
By Daniel Cloake, 23rd September 2025 Editorial note: Judgment in this case has now been published: Re Carl Gardner, Deceased (Duration of Transparency Order). This blog is reprinted, with permission (and a few minor changes) from Daniel’s own website: mouseinthecourt.co.uk. Daniel observed this hearing (COP 20006397) in person in Court 33 at the Royal CourtsContinue reading ““Let me talk about my partner’s death”– Court of Protection told”
Authenticity of a “Living Will”
None of us would want our loved ones to be placed (like Carl’s fiancee) in the position of having to defend the authenticity of our written documents after we’ve lost capacity. We want to produce documents that are sufficiently robust to avoid this kind of challenge
Preparing for possible future lack of capacity: My advance decision to refuse treatment and the case before Poole J
By Claire Martin, 13th June 2025 Le soleil ni la mort ne se peuvent regarder en face. You cannot stare straight into the face of the sun, or death. François de La Rochefoucauld, Maxim 26 Over the course of the last year or so, I’ve been thinking about what provisions I want to put inContinue reading “Preparing for possible future lack of capacity: My advance decision to refuse treatment and the case before Poole J”
Time pressures for a decision about haemodialysis
By Daniel Clark, 8 October 2023 This case (COP 14013508) concerns Isaac, a young man with a diagnosis of learning disability and “Autistic Spectrum Disorder”. Isaac enjoys people watching, as well as looking at street scenes on his iPad. He does not like hospitals or medical interventions. He also has end-stage kidney failure. At aContinue reading “Time pressures for a decision about haemodialysis”
‘The horse has already bolted’: Transparency in a case of “brain-stem death”
By Celia Kitzinger, with Brian Farmer, 24 September 2023 On 9th July 2023, Andy Casey – then a healthy young man – was on a night out when he was assaulted in a pub garden. He was punched on the right side of his head and fell to the ground, with catastrophic injury to his brain. AnContinue reading “‘The horse has already bolted’: Transparency in a case of “brain-stem death””
Promoting Open Justice in the Court of Protection 