The claimant contracted sporadic Creutzfeldt Jakob’s Disease disease. He executed a Lasting Power of Attorney in favour of his brother, expressing to him that he should do whatever was possible to protract his life. The brother now sought treatment accordingly, referring to an experimental treatment. He was given the treatment initially, but the hospital refused him the surgery required to replace the required pump, saying that his unchanged condition indicated that the treatment was in any event ineffective. Several doctors gave expert opinions. In the absence of evidence that any doctor would be prepared to provide the care requested, the case stood dismissed. The brother appealed.
Held: The appeal was rejected. The court asked whether the brother could properly continue as the patient’s best friend, applying rule 140(1). There was no question of anybody here interfering in the claimant’s treatment, but there was nobody prepared to offer the facility required.
Judges:
Ward, Petten, Black LJJ
Citations:
[2011] EWCA Civ 7
Links:
Statutes:
Court of Protection Rules 2007 140
Jurisdiction:
England and Wales
Citing:
Cited – Gawler v Raettig (Leave) CA 3-Dec-2007
Application for leave to appeal. . .
Cited – Burke, Regina (on the Application of) v General Medical Council and others (Official Solicitor and others intervening) CA 28-Jul-2005
The claimant suffered a congenital degenerative brain condition inevitably resulting in a future need to receive nutrition and hydration by artificial means. He was concerned that a decision might be taken by medical practitioners responsible for . .
Cited – Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security HL 17-Oct-1985
Lawfulness of Contraceptive advice for Girls
The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Salem HL 3-Mar-1999
The House of Lords has the power to hear a case where the parties have in effect settled and there remains no lis at issue, but the House will not hear such an academic case where no general issue of importance is at stake, or the facts are . .
Cited – Regina v Secretary of State Home Dept ex parte Wynne HL 17-Mar-1993
A prisoner wishing to appear at court in civil proceedings needed under the Act to apply for his own production to court, and to make arrangement for payment of the costs of being produced at court.
Held: A Legislature could so provide even . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Litigation Practice
Updated: 31 August 2022; Ref: scu.428024
