Angus McCullough QC, Jeremy Hyam and Kate Beattie appeared in a landmark High Court case about the rights around do not resuscitate orders for patients who lack mental capacity.
In Winspear v City Hospitals Sunderland NHS Foundation Trust, Blake J held that the decision to impose a Do Not Attempt Cardio-Pulmonary Resuscitation order on a 28-year-old man with cerebral palsy, without the knowledge of his family, was a violation of his Article 8 rights.
Blake J held that the principles set out in the Tracey case  QB 543 on do not resuscitate orders applied to adult patients who lacked capacity. Before making a decision not to attempt cardio-pulmonary resuscitation, it was necessary to consult a person identified in the Mental Capacity Act if practicable and appropriate. In the absence of a convincing reason not to consult, a failure to meet the requirements of the MCA would violate the patient’s rights under Article 8.
Jeremy Hyam and Kate Beattie appeared for the Claimant, instructed by Leigh Day. Angus McCullough QC appeared for the Defendant, instructed by Bevan Brittan LLP.
Read the judgment here.