Re A: FD 1992

The law treats death as meaning brain stem death.
The Court made a declaration that a 19 month old child was ‘dead for all legal, as well as medical, purposes.’ In doing so, Johnson J held that, in consequence of the conclusion as to the child’s death, it was not possible for the court to exercise the inherent jurisdiction that it would have over a live child either as a ward of court or otherwise. He did, however, hold that the court retained jurisdiction to make a declaration as to death and to declare that it would not be unlawful for the ventilator to be disconnected.

Mr Justice Johnson
[1992] 3 Med LR 303
England and Wales
Cited by:
CitedRegina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .

Lists of cited by and citing cases may be incomplete.


Updated: 23 November 2021; Ref: scu.223696