Areas of Law 

Our privacy policy explains how we use cookies. By using this site, we have assumed your agreement to their use.

 

Follow us:

One Crown Office Row at LinkedIn  One Crown Office Row on Twitter

 

 

 

 

 

Court of Protection

 
P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor [2014] UKSC 19
Elizabeth-Anne Gumbel QC
Henry Witcomb QC
Duncan Fairgrieve
for the AIRE Centre
 

 

 

SB (A Patient; Capacity To Consent to Termination
Sydney Chawatama
for the Husband
 

 

 

R(Nicklinson) v MoJ; R(AM) v DPP [2012] EWHC 2381 (Admin). It was for Parliament to decide whether to change the law on voluntary euthanasia and the court could not alter the common law to create a defence to murder by way of necessity in the case of voluntary euthanasia. As the House of Lords and the European Court of Human Rights had ruled that a blanket ban on assisted suicide was not incompatible with the European Convention on Human Rights art.8 the same had to apply to voluntary euthanasia.
Philip Havers QC

 

 

 

R (on the application of AM) v (1) DPP (2) SRA (3) GMC [2012] EWHC 470 (Admin) - The court granted a declaration that solicitors retained by a terminally ill person wishing to end his life would not be encouraging or assisting suicide within the meaning of the Suicide Act 1961 s.2(1) by obtaining information from third parties and appropriate experts to place before the court in support of their client's case. A decision to the contrary would conflict with fundamental constitutional principles.
Philip Havers QC

 

 

 

AVS v (1) NHS Foundation Trust (2) PCT [2011] EWCA Civ 7 - Where the medical consensus was that a continuation of a particular treatment would not be in the best interests of a patient suffering from Creutzfeldt Jakob's disease, and where no physician had been identified who was willing and able to continue the treatment, an application for a declaration that the treatment was in the patient's best interests was academic and was doomed to failure.
Stephen Miller QC

 

 

 

AH v Herts Partnership NHS Foundation Trust & another [2011] EWHC 276 (COP) - Whether it was in the Applicant's best interests to move him from 'campus' accommodation to an alternative bespoke home in his former home area.
Sydney Chawatama

 

 

 

Re AH and Others (Costs) [2011] EWHC 3524 (COP) - Costs decision arising out of AH v Herts Partnership NHS Foundation Trust & another
Sydney Chawatama

 

 

 

PH v A Local Authority [2011] EWHC 1704 (COP) - Residence best interest case (ongoing)
Sydney Chawatama

 

 

 

DM v Doncaster MBC and Secretary of State for Health [2011] EWHC 3652 (Admin) - The Court held that the local authority had a duty and hence an entitlement to impose charges for accommodation under the National Assistance Act 1948 s.22 in respect of a person who was resident in a care home on a compulsory basis under the Mental Capacity Act 2005
Guy Mansfield QC

 

 

 

G v E (Costs) [2011] EWCA Civ. 939 - The Court of Protection was entitled to depart from the general rule under the Court of Protection Rules 2007 r.157 (that there should be no order for costs in proceedings before it) and require a local authority to pay costs of contested proceedings. The local authority had unlawfully deprived an individual of his liberty through processes that were in contravention of the Mental Capacity Act 2005 and its obligation to respect his rights under the European Convention on Human Rights 1950. The court had been entitled and indeed right to award costs against the local authority on the indemnity basis.
Guy Mansfield QC

 

 

 

DM v Doncaster MBC & SoS for Health [2011] EWHC 3652 (Admin). A local authority was entitled to charge a person compulsorily detained under MCA 2005 for accommodation in a care home.
Guy Mansfield QC

 

 

 

Re DU [2009] EWHC 3504 (Fam) - Whether it was in the best interests of DU to be permitted to return to Nigeria subject to practical arrangements being made.
Sydney Chawatama

 

 

 

NHS Trust v A & others [2007] EWHC 1696 (Fam) - When balancing the advantages and disadvantages of a seven-month-old baby undergoing painful medical treatment, the 50 per cent prospect of a full, normal life when set against the certainty of death before the age of one and a half if treatment was not undertaken outweighed all other considerations.
Philip Havers QC
Sydney Chawatama

 

 

 

R (on the application of JB) v (1) A Haddock 2) J Rigby (3) Wood [2006] EWCA Civ 961 - On the evidence it had been convincingly established that the treatment of a patient was medically necessary pursuant to the Mental Health Act 1983 s.58(3)(b) . The classification of the patient's mental disorder was irrelevant when determining whether the treatment was necessary.
Jeremy Hyam QC

 

 

 

Wyatt & Wyatt v Portsmouth Hospitals NHS Trust [2006] EWCA Civ 529 - A costs order was made against publicly-funded litigants where, but for costs protection, the court would have made an order against them in the context of an application under the Access to Justice Act 1999 s.11(1). As there was sufficient information, the amount they were ordered to pay was nil.
Jeremy Hyam QC

 

 

 

R (on the application of B) v (1) SS (Responsible Medical Officer) (2) Second Opinion Appointed Doctor (3) Secretary of State for the Department of Health [2006] EWCA Civ 28 - A patient detained under the Mental Health Act 1983 who had the capacity to consent to medical treatment could be treated even though he refused consent where the proposed treatment was a medical or therapeutic necessity. It did not have to be shown that the treatment was necessary for the protection of the public or to prevent the patient suffering serious harm.
Owain Thomas QC
Jeremy Hyam QC

 

 

 

R (on the application of Burke) v GMC [2005] EWCA Civ 1003 - There was nothing in the General Medical Council's guidance paper on the withholding and withdrawing of artificial nutrition and hydration that was unlawful or that constituted a breach of the European Convention on Human Rights 1950. Where a competent patient indicated his or her wish to be kept alive by the provision of artificial nutrition and hydration, any doctor who deliberately brought that patient's life to an end by discontinuing the supply of artificial nutrition and hydration would not merely be in breach of duty but would be guilty of murder.
Philip Havers QC

 

 

 

Pembrey v The General Medical Council [2003] UKPC 60 - The erasure of a doctor's name from the Medical Register was justified where that doctor had, among other errors, failed to consider properly whether hysterectomies were in the best interests of two mentally incapacitated patients.
Philip Havers QC

 

 

 

Ms B v An NHS Hospital Trust [2002] EWHC 429 (Fam) - A seriously physically disabled patient with the mental capacity to make decisions about treatment, even when a consequence of such decisions could be death, had the right to decide to refuse treatment.
Philip Havers QC
Jeremy Hyam QC

 

 

 

R v DPP, ex parte Diane Pretty [2001] UKHL 61 - The Suicide Act 1961 was not incompatible with the European Convention on Human Rights. The Director of Public Prosecutions had correctly refused to undertake not to prosecute in a case where a sufferer of motor neurone disease wished her husband to assist in her suicide.
Philip Havers QC

 

 

 

An NHS Trust v D & Ors [2000] 2 FLR 677 - Four general principles applied to the court's consideration of an application that involved the non-resuscitation of a severely disabled child in the event of a respiratory and/or cardiac failure and/or arrest: (i) the court's prime and paramount consideration must be for the best interests of the child; (ii) the court had a clear duty for respect for the sanctity of human life; (iii) a course aimed at terminating life or accelerating death could not be approved; and (iv) there could be no question of a court directing a doctor to provide treatment which the doctor was unwilling to give and which was contrary to that doctor's clinical judgment.
Jeremy Hyam QC

 

 

 

St George's Healthcare NHS Trust v S (No. 2) : R v Louise Collins & Ors, ex parte S (No. 2) [1999] Fam 26 - Guidelines by the Court of Appeal as to steps to be taken when a patient refuses consent to necessary medical treatment.
Philip Havers QC

 

 

 

St George's Healthcare NHS Trust v S : R v Louise Collins & Ors, ex parte S (No. 2) [1998] 2 FLR 728 - A pregnant mother who rejected medical advice as to treatment necessary to protect her and her unborn child was unlawfully admitted and detained under the Mental Health Act 1983 and unlawfully forced to have a caesarean section by the order of a court.
Philip Havers QC

 

 

 

Re S (application for judicial review) [1998] 1 FLR 790 - Where issues of general public importance were raised in a judicial review application, such as the application of the Mental Health Act 1983 s. 2 to a pregnant woman refusing medical treatment, leave could exceptionally be granted notwithstanding the delay in bringing proceedings.
Philip Havers QC

 

 

 

 

Members practising
in this area:


 

 

* Based in Brighton