SUPREME COURT JUDGMENT
A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 UKSC 16
Emma Sutton KC, leading Rhys Hadden, appeared on
UK Medical Decisions Law Blog
The UK Medical Decisions Law Blog, published by Serjeant's Inn, focuses on legal issues surrounding medical treatment decisions, particularly those involving the Court of Protection. It covers topics such as capacity assessments under the Mental Capacity Act 2005, withdrawal and withholding of life-sustaining treatment, procedural guidance for court applications, and ethical considerations in end-of-life care. The blog discusses case law developments, practical challenges in disclosure and evidence handling, and multidisciplinary approaches to complex medical and legal dilemmas. It also highlights the roles of families, healthcare providers, and legal professionals in navigating disputes and decisions about medical care for incapacitated or vulnerable individuals.
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Position Impossible? Open Justice Does Not Mean Open Season
Re Gardner (Deceased) (Court of Protection: Disclosure of Position Statements) [2026] EWCA Civ 640
This Court of Appeal decision is essential reading for Court of Protection (“COP”) practitioners. It addresses a practical but sensitive question: when an observer attends a…
Medical treatment cases: the role of medical decision making
Townsend v. Epsom & St Hellier University Hospitals NHS Trust [2026] EWCA Civ 195
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A turning point in Mental Health law? The Mental Health Act 2025
The Mental Health Act 2025, which amends and modernises the Mental Health Act 1983, received Royal Assent on 18 December 2025, albeit the majority of the provisions are not yet in force.
The MHA 2025 was a long-awaited act. Detentions…
File and Error: A Cautionary Tale
In Birmingham Women’s and Children’s Hospital NHS Foundation Trust v KB & and ors [2025] EWHC 1292 (Fam), the Court of Protection had to grapple with some remarkable failures of disclosure in a case involving the withdrawal of life-sustaining treatment…
Re Thirumalesh – the Court of Appeal explains why the established view that the MCA contains a belief requirement is wrong in law
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…
Don’t ignore the Vice President’s Practice Guidance when a decision relates to the provision of life-sustaining treatment
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…
Behind the headlines: upholding the value of a disabled life
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’ –…
New Podcast: Season 1 Episode 3 Clerk’s Perspective: Serious Medical Treatment cases
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…
Autonomy above all else
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…