DSA

MCA - Court authorised medical treatment

When Dave Sheppard retired in 2020 he kindly gave me permission to publish the contents of his website (originally named after his firm, "Dave Sheppard Associates", then called "MHAandMCA"). It is a treasure trove. I've not had time to prepare everything for publication but have put the main headings online: let me know if you would like a copy of anything listed.


Textbooks

Christopher Johnston, Medical Treatment: Decisions and the Law, 3rd edition, 2016

Updated: Serjeants' Inn (external link)

Richard Harper, Medical Treatment and the Law: Issues of consent, Family Law, 2014



A Clinical Commissioning Group v AF & Ors , Court of Protection, 27th March 2020

(1) A Healthcare and (2) B NHS Trust v CC, High Court, 11th March 2020

The Health Service Executive of Ireland v Moorgate, Court of Protection, 11th March 2020

Liverpool fan on life support who cries to You'll Never Walk Alone will be allowed to die, Liverpool Echo, 6th March 2020

ABC v St George's Healthcare NHS Trust & Ors, High Court - Queen's Bench Division, 28th February 2020

Sherwood Forest Hospitals NHS Foundation Trust v C, Court of Protection, 27th February 2020

Cardiff & Vale University Health Board v P, Court of Protection, 21st February 2020

Re P (Urgent Medical Treatment), Court of Protection, 17th February 2020

Sherwood Forest Hospitals NHS Foundation Trust & Anor v H (Rev 1) , Court of Protection, 3rd February 2020

Assisted dying: Terminally ill man's judicial review rejected, BBC News, 30th January 2020

QJ v A Local Authority & Anor , Court of Protection, 29th January 2020

Guys and St Thomas NHS Foundation Trust & Anor v R , Court of Protection, 29th January 2020

Right-to-die campaigner fails to overturn ban in court, The Guardian, 19th December 2019

Possible negligence claim over care of breast cancer patient with mental health difficulties, Press Association, 6th December 2019

Newby, R (on the application of) v The Secretary of State for Justice, High Court, 19th November 2019

JK v A Local Health Board, High Court - Family Division, 13th November 2019

Judge rules mentally ill woman must have caesarean, BBC News, 28th October 2019

Oxford University NHS Trust v AB (A Minor) & Ors, High Court - Family Division, 25th October 2019

An NHS Foundation Trust v AB (Contraception), Court of Protection, 21st October 2019

Woman with severe learning disabilities to have abortion, judge rules, The Guardian, 11th October 2019

Doctors can perform C-section if woman loses mental capacity, judge rules, The Guardian, 2nd September 2019

X Health Authority v D, High Court, 22nd August 2019

The Hospital v JJ, Court of Protection, 15th August 2019

University Hospitals Bristol NHS Foundation Trust v RR, , Court of Protection , 9th August 2019

Guys and St Thomas' NHS Foundation Trust v X, Court of Protection, 25th July 2019

Woman must have chemotherapy despite wanting to die, judge rules, The Independent, 17th July 2019

Imperial College Healthcare NHS Trust v MB & Ors, Court of Protection, 12th July 2019

Re AB (Termination of pregnancy), Court of Appeal, 11th July 2019

United Lincolnshire Hospitals NHS Trust v CD, Court of Protection, 4th July 2019

Anorexic teenager can be moved to specialist unit against her wishes, says judge, Press Association, 26th June 2019

Hospital bosses agree not to treat sick Jehovah's Witness teenager with blood products against his will even though they could save his life, Daily Mail, 26th June 2019

University Hospitals Plymouth NHS Trust v B (A minor) (Urgent Medical Treatment), High Court, 21st June 2019

NHS Trust v JP, Court of Protection, 18th June 2019

Clinical Commissioning Group v P, Court of Protection, 22nd May 2019

University Hospitals of Derby and Burton NHS Foundation Trust v J, Court of Protection, 2nd May 2019

Manchester University NHS Foundation Trust v DE, Court of Protection, 19th April 2019

Hounslow Clinical Commissioning Group v RW & Ors, Court of Protection, 29th March 2019

East Lancashire Hospitals NHS Trust v PW (By his litigation friend the Official Solicitor, Court of Protection, 21st March 2019

DCC v NLH, Court of Protection, 19th March 2019

Royal Borough of Greenwich v CDM, Court of Protection, 20th February 2019

Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust v TG & Anor, Court of Protection, 14th February 2019

King's College Hospital NHS Foundation Trust v FG, Court of Protection, 29th January 2019

Fourth UCLH patient to be given innovative treatment for CJD, University College London Hospitals NHS Foundation Trust, 28th January 2019

Brain-damaged Northampton Hospital patient can be allowed to die, BBC News, 15th January 2019

Judge rules doctors can perform Caesarean section on heavily-pregnant woman with learning difficulties, Yahoo News, 27th December 2018

NHS Cumbria CCG v Rushton, Court of Protection, 21st December 2018

Two more UCLH patients to receive pioneering treatment for CJD, UCLH NHS Foundation Trust, 13th December 2018

Terminally ill Noel Conway loses Supreme Court appeal, BBC News, 27th November 2018

A London NHS Foundation Trust v E, Court of Protection, 22nd November 2018

Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust and Dorset Healthcare University NHS Foundation Trust v SE; Re SE, Court of Protection, 8th November 2018

SS v CCG & Anor, Court of Protection, 31st October 2018

RAO v ROO & Anor, Court of Protection, 25th October 2018

University College London Hospitals v KG, Court of Protection, 8th October 2018

Omid T dies - legal case left unresolved, Bindmans, 5th October 2018

University Hospitals Birmingham NHS Foundation Trust v HB, Court of Protection, 30th August 2018

Re SJ, Court of Protection, 24th August 2018

Y v A Healthcare NHS Trust & Ors, Court of Protection, 2nd August 2018

An NHS Trust and others v Y (by his litigation friend, the Official Solicitor) and another, Supreme Court, 30th July 2018

Long-term CJD survivor at centre of legal protection battle, The Scotsman, 21st July 2018

Leeds Teaching Hospitals NHS Trust v JF & Anor, Court of Protection, 20th July 2018

R (Conway) v The Secretary of State for Justice & Ors, Court of Appeal, 27th June 2018

PW v Chelsea and Westminster Hospital NHS Foundation Trust & Ors; Re RW, Court of Appeal, 11th May 2018

Judge gives Leeds NHS bosses go-ahead for C-section on pregnant woman with learning disabilities, Yorkshire Post, 10th May 2018

NHS Windsor and Maidenhead Clinical Commissioning Group v SP (Withdrawal of CANH), Court of Protection 20th April 2018

Brain damaged assault victim soldier to be discharged from Army, Press Association, 27th March 2018

Secretary of State for the Home Department v Skripal, Court of Protection, 22nd March 2018

Medics can continue feeding man in 'quality of life' dispute, Oxford Mail, 1st March 2018

Oxfordshire hospital in legal battle to end patient's life, Oxford Mail, 14th February 2018

Noel Conway: Terminally ill man granted assisted dying appeal, BBC News, 18th January 2018

Tees health chiefs seek advice over dental help for Syrian thought to have seen brother tortured, Gazette Live, 15th January 2018

Re SW (No 2), Court of Protection, 7th December 2017

NHS Trust v Y & Anor; Re Y, Queen's Bench Division, 13th November 2017

Salford Royal NHS Foundation Trust v Mrs P & Anor, Court of Protection, 30th October 2017

London Borough of Brent v NB, SA, AD, MB, SB, Court of Protection, 25th October 2017

University Hospitals of North Midlands NHS Trust v JT, Court of Protection, 12th October 2017

R (Conway) v Secretary of State for Justice, High Court, 5th October 2017


NHS England to face court over patient kept alive by blood transfusions, The Guardian, 3rd October 2017

NHS bosses change mind on operation for mentally-ill Sheffield man, The Star, 27th September 2017

M v A Hospital, Court of Protection, 20th September 2017

PL v Sutton Clinical Commissioning Group & Anor, Court of Protection, 11th September 2017

B v D: Re D (Medical Treatment), Court of Protection, 5th September 2017

Judge agrees artificial nutrition for mentally ill man who swallows sharp items, Press Association, 2nd September 2017

Court to decide whether sick teenager should be restrained during dialysis, Times & Star, 30th August 2017

X (A Child) (No 5), Family Division, 17th August 2017

X (A Child) (No 4), Family Division, 7th August 2017

X (A Child) (No 3), Family Division, 3rd August 2017

Director of Legal Aid Casework & Ors v Briggs, Court of Appeal, 31st July 2017

Plymouth Hospitals NHS Trust v YZ and ZZ, Family Division, 27th July 2017

X (A Child - No 2), Family Division, 28th June 2017

Daughter seeks end to mother's treatment, Stowe Family Law, 19th June 2017

NHS Foundation Trust v QZ, Court of Protection , 6th June 2017

ABC v St George's Healthcare NHS Trust & Ors, Court of Appeal, 16th May 2017

Confused man can be forced to have cancer treatment, court rules, Press Association, 8th May 2017

Re SW, Court of Protection, 12th April 2017

Man with autism ordered to have bowel surgery against his wishes, Nottingham Post, 25th February 2017

Abertawe Bro Morgannwg University Local Health Board v RY & Anor, Court of Protection, 8th February 2017

Cheshire & Wirral Partnership NHS Foundation Trust v Z, Family Division, 30th December 2016

Re AB, Court of Protection, 20th December 2016

Briggs v Briggs & Ors, Court of Protection, 20th December 2016

MR v SR & Anor (application for costs), Family Division, 16th December 2016

The Acute Trust v R; Re R (Serious Medical Treatment), Court of Protection, 14th December 2016

Re CA (Natural Delivery or Caesarean Section), Court of Protection, 8th December 2016

Abertawe Bro Morgannwg University Local Health Board v RY & Anor, Family Division, 23rd November 2016

HN (Out of Hours Application), Court of Protection, 23rd September 2016

X (A Child) and Y (A Child), Family Division, 12th September 2016

Agoraphobic can be sedated and taken from home to undergo eye surgery, judge rules, The Telegraph, 7th July 2016

M v Press Association, Court of Protection, 23rd June 2016

Re GH, Court of Protection, 23rd June 2016

Woman should have part of infected leg amputated, judge rules, Press Association, 21st June 2016

S (a child) v NHS England, High Court, 15th June 2016

V v Associated Newspapers Ltd & Ors, Court of Protection, 14th June 2016

Re G; University College London Hospitals NHS Foundation Trust v G, Court of Protection, 27th May 2016

Doctors can withdraw life-sustaining treatment from 24-year-old Marcus Campbell, Your Local Guardian, 26th May 2016

Cambridge University Hospitals NHS Foundation Trust v BF, Court of Protection, 18th May 2016

Re S, Court of Protection, 16th May 2016

Man seeking move to hospital nearer home will not be forced to take medication, Press Association, 16th May 2016

Re O, (Withdrawal of Medical Treatment), Court of Protection, 25th April 2016

Re Z (Recognition of Foreign Order), Family Division, 8th April 2016

Judge orders for sick woman's legs to be amputated due to her limited mental capacity, The Independent, 19th March 2016

Aintree University Hospitals NHS Foundation Trust v Hampson, Court of Protection, 8th March 2016

Re QQ, Court of Protection, 7th March 2016

NHS Trusts v C (Medical Treatment and Reporting Restrictions Order), Court of Protection, 1st March 2016

Re W (Medical Treatment: Anorexia); Betsi Cadwaladr University LHB v Miss W, Court of Protection, 26th February 2016

We must respect dignity of Man U fan who 'wants to die' - judge, Press Association, 13th February 2016

Re CS (Termination of Pregnancy), Court of Protection, 22nd January 2016

Mentally ill woman gives birth after care plan approved, Press Association, 14th January 2016

Kings College Hospital NHS Foundation Trust v (1) C (2) V, Court of Protection, 30th November 2015

Re N, Court of Protection, 19th November 2015

Re CD, Court of Protection, 13th November 2015

Winspear v City Hospitals Sunderland NHS Foundation Trust, High Court, 13th November 2015

Boy, 14, with serious brain damage should not be resuscitated, judge rules, Express & Star, 16th October 2015

Re JM (A Child), Family Division, 7th October 2015

Wye Valley NHS Trust v B, Court of Protection, 28th September 2015

An NHS Trust v A, Court of Protection, 23rd September 2015

Anorexic woman blocks her transfer to unit in England, Belfast Telegraph, 19th September 2015

Surrey and Sussex Healthcare NHS Trust v Ms AB, Court of Protection, 31st July 2015

St George's Healthcare NHS Trust v P & Anor, Court of Protection, 26th June 2015

The Health Service Executive of Ireland v PA & Ors, Court of Protection, 3rd June 2015

Court approves caesarean for mentally-ill woman, BBC News, 20th May 2015

CWM TAF University v F, Family Division, 15th May 2015

A Local Health Board v AB, Court of Protection, 30th April 2015

A Healthcare NHS Trust v P & Q, Court of Protection, 13th March 2015

Judge refuses mother's plea to treat terminally-ill son, saying he should be allowed to die, The Telegraph, 14th February 2015

The Mental Health Trust & Ors v DD & Anor, Court of Protection, 4th February 2015

An NHS Trust v The Patient, Court of Protection, 18th December 2014

Re X, Court of Protection, 9th December 2014

Gloucestershire Clinical Commissioning Group v AB & Anor, Court of Protection, 27th November 2014

Judge approves caesarean for mentally ill woman, 21st October 2014

A NHS Foundation Trust v X, Court of Protection, 8th October 2014

Maidstone and Tunbridge Wells NHS Trust reverses decision not to reinsert the feeding tube, 29th September 2014

NHS Trust & Ors v FG, Court of Protection, 28th August 2014

Re X, Court of Appeal, 7th August 2014

Sandwell and West Birmingham Hospitals NHS Trust v CD & Ors, Court of Protection, 1st August 2014

An NHS Trust v J, Court of Protection , 24th July 2014

Ms I, Court of Protection, 22nd July 2014

M Children's Hospital NHS Foundation Trust v Y, High Court, 17th July 2014

The Mental Health Trust & Ors v DD & Anor, Court of Protection, 15th July 2014

County Durham & Darlington NHS Foundation Trust v PP & Ors, Court of Protection, 26th June 2014

Tony Nicklinson & Anor, R (on the application of) v Ministry of Justice and DPP, Supreme Court, 25th June 2014

David Tracey v Cambridge University Hospitals NHS Foundation Trust, Court of Appeal, 17th June 2014

Sheffield Teaching Hospitals NHS Foundation Trust v TH and another, Court of Protection, 22nd May 2014

North Somerset Council v LW and Ors, Court of Protection, 21st May 2014

North Somerset Council v LW and Ors (Care and RRO), Family Division, 21st May 2014

An NHS Foundation Hospital v P, High Court, 20th May 2014

Mentally-ill mother gives birth at Sunderland hospital after forced caesarean order, 1st May 2014

Nottinghamshire Healthcare NHS Trust v RC, Court of Protection, 1st May 2014

Baby in Alessandra Pacchieri forced caesarean case adopted, 15th April 2014

A Local Authority v TZ (No. 2), Court of Protection, 1st April 2014

Newcastle Upon Tyne Hospitals Foundation Trust v LM, Court of Protection , 26th February 2014

Heart of England NHS Foundation Trust v JB, Court of Protection, 17th February 2014

An NHS Foundation Trust v A, M, P, High Court, 12th February 2014

Royal Free NHS Foundation Trust v AB, Court of Protection, 31st January 2014

Great Western Hospitals NHS Foundation Trust v AA, High Court, 29th January 2014

Re AA, Court of Protection, 4th December 2013

NHS Trust v VT, High Court, 13th November 2013

SM, Court of Protection, 4th November 2013

Aintree University Hospitals NHS Foundation Trust v James, Supreme Court, 30th October 2013

An NHS Trust v DE, FG & JK, Court of Protection, 16th August 2013

Woman with learning difficulties will be forcibly checked for possible cancer, 6th August 2013

A NHS Hospital Trust v M and K, Court of Protection, 24th May 2013

Re SB (Capacity to Consent to Termination),Court of Protection, 21st May 2013

A NHS Trust v Dr A, Court of Protection, 27th March 2013

A Local Authority v K, Court of Protection, 15th February 2013

The NHS Trust v AW, Court of Protection, 23rd January 2013

NHS Trust v P, Court of Protection, 10th January 2013

A Local Health Board v J, Court of Protection, 13th November 2012

A NHS Trust v K and Others, Court of Protection, 15th October 2012

An NHS Trust v L and Others, Family Division, 8th October 2012

NHS Trust v L, Court of Protection, 30th August 2012

NHS trust wins intervention ruling, Press Association, 10th August 2012

A Local Authority v E, Court of Protection, 15th June 2012

Kidney failure patient forced to have dialysis, 29th May 2012

X Primary Care Trust v XB, Family Division, 1st May 2012

An NHS Trust v D, Court of Protection, 23rd March 2012

Court awards brain damaged boy £6.5m to fund future care, Irwin Mitchell, 11th January 2012

W v M, S and A NHS Primary Care Trust, Court of Protection, 28th September 2011

Judge gives go-ahead for medics to sedate and restrain woman with hospital phobia who needs cancer treatment, Daily Mail, 8th July 2011

AVS v A NHS Foundation Trust, Court of Appeal, 17th January 2011

Judge tells doctors they can enforce treatment on mentally ill woman, The Telegraph, 20th October 2010

An NHS Foundation Trust and D (by her litigation friend the Official Solicitor), Family Division, 4th October 2010

A Local Authority v Mrs A (By the Official Solicitor as her Litigation Friend) and Mr A, Family Division, 24th June 2010

DH NHS Foundation Trust v PS (By her Litigation Friend the Official Solicitor), Family Division, 26th May 2010

Regina (Purdy) v Director of Public Prosecutions; Society for the Protection of Unborn Children intervening, House of Lords, 30th July 2009

R v KS, LU and SK, MHAS and SR, ex parte London Borough of Ealing, Family Division, 3rd April 2008

An NHS Trust v A and others, Family Division, 18th July 2007

An NHS Trust v J, Family Division, 8th November 2006

Re H (adult patient) (medical treatment); Trust A v H, Family Division, 25th May 2006

Leslie Burke v GMC, 28th July 2005

Ban on suicide journey is lifted, BBC News, 30th November 2004

An NHS Trust v C, Family Division, 12th July 2004

NHS Trust v T (adult patient: refusal of medical treatment), Family Division, 28th May 2004

Glass v UK, European Court of Human Rights, 9th March 2004

Hospital visiting ban can stay rules court, This is Cheshire, 26th February 2004

An NHS Trust and D (By her litigation friend, The Official Solicitor), Family Division, 28th November 2003

Judge tells hospital to feed widow, 91 'left to die', The Telegraph, 7th October 2003

HE v A Hospital NHS Trust & Anor, 7th May 2003

NHS Trust v S, DG & SG, Family Division, 6th March 2003

Psychopath prisoner wins right to die, Press Association, 24th April 2002

Re B (Consent to treatment: Capacity), Family Division, 22nd March 2002

Re SS (by her litigation friend the Official Solicitor), Family Division, 26th September 2001

Re A, Family Division, 6th June 2001

A National Health Service Trust v D, Family Division, 12th July 2000

Re SL (Adult patient: Sterilisation), Court of Appeal, 18th May 2000

R v Dr James Collins and Ashworth Hospital Authority ex parte Brady, Queen's Bench Division, 10th March 2000

Re A (Male Sterilisation) also cited as R-B, Court of Appeal, 20th December 1999

Re ZM (Hysterectomy), Family Division, 10th November 1999

Vicki Carter, High Court, August 1999

Re M (child: refusal of medical treatment), Family Division, 15th July 1999

St George's Healthcare NHS Trust v S (No 2); R v Collins and others, ex parte S (No 2), Court of Appeal, 30th July 1998

Re X (Adult Patient: Sterilisation), Family Division, 19th June 1998

Re L, Family Division, 10th June 1998

Re S (Adult: Sterilisation), Family Division, 29th January 1998

Re D, Family Division, 26th November 1997

Re H (A Patient), Family Division, 16th July 1997

Re MB, Court of Appeal, 26th March 1997

Re C (a minor), Family Division, 5th March 1997

Re JT (Adult: Refusal of medical treatment), Family Division, 8th January 1997

Re L (a patient: non-consensual treatment), Family Division, 13th December 1996

Wolverhampton Metropolitan Borough Council v DB, Family Division, 21st November 1996

Norfolk and Norwich Healthcare (NHS) Trust v W, Family Division, 3rd July 1996

Rochdale Healthcare (NHS) Trust v C, Family Division, 3rd July 1996

Re Y (Mental incapacity: bone marrow transplant), Family Division, 14th June 1996

Re R, Family Division, 26th April 1996

Tameside and Glossop Acute Services Trust v CH, Family Division , 12th January 1996

Re S (Hospital Patient: Foreign Curator), Family Division, 11th July 1995

B v Croydon Health Authority, Court of Appeal, 29th November 1994

Home Secretary v Robb, Family Division , 4th November 1994

Re S (a minor), Family Division, 14th June 1994

Re KB (adult) (mental patient: medical treatment), Family Division, 28th January 1994

Frenchay Healthcare NHS Trust v S, Court of Appeal, 14th January 1994

Re LC (Medical treatment: Sterilisation), Family Division, 29th October 1993

Riverside Mental Health NHS Trust v Fox, Court of Appeal, 25th October 1993

Re C, Family Division, 14th October 1993

Re T, Court of Appeal, 30th July 1992

X v A, B and C and the Mental Health Act Commission, Queen's Bench Division, 11th July 1991

Re GF; F v F, Family Division, 9th April 1991

Re E (A Minor), Fam Division, 4th February 1991

Re F (Mental Patient: Sterilisation); F v West Berkshire Health Authority, House of Lords, 24th May 1989

Re B (a minor), House of Lords, 30th April 1987

Gillick v West Norfolk & Wisbech Area Health Authority, House of Lords, 17th October 1985

Re D (a minor) (wardship: sterilisation), Family Division, 17th September 1975

Bolam v Friern Hospital Management Committee, Queen's Bench Division, 26th February 1957

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