PW v Chelsea and Westminster Hospital NHS Foundation Trust [2018] EWCA Civ 1067

Best interests/transparency "Two central criticisms are made of the judgment below, and the judge's determination of best interests. First, that the judge failed to appreciate and therefore give any or any adequate weight to RW's wishes and feeling. These were, contrary to her findings, ascertainable; they pointed to the fact that he was a "fighter", to the value he ascribed to life and to his desire to "hold fast to it" no matter how "poor" or "vestigial" in nature it was. Secondly, the judge overstated the risk that having the NG tube in place would pose for RW at home and the burden this would place on him, in circumstances where the dedicated care his sons could provide would remove or mitigate that risk. In the result, and in any event, it is submitted the judge's overall analysis of what was in RW's best interests failed adequately to address the relevant issues and evidence, and was a flawed one. In my view neither criticism is well-founded." Another aspect of this case related to the transparency order/reporting restrictions.

Essex search

This case's neutral citation number appears in the following newsletters:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 86, June 2018)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 96, July 2019)

External links

Ruth Atkinson-Wilks, 'Case Summary: RW v Chelsea and Westminster Hospital NHS Foundation Trust [2018] EWCA Civ 1067' (Bevan Brittan, 10/9/18)

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Best interests🔍
• Reporting restriction order cases🔍 Older RRO cases can still be found in Category:Other capacity cases

Date: 11/5/18🔍

Court: Court of Appeal (Civil Division)🔍

Judicial history:

• Hounslow Clinical Commissioning Group v RW [2019] EWCOP 12
• PW v Chelsea and Westminster Hospital NHS Foundation Trust [2018] EWCA Civ 1067

Judge(s):

• Arden🔍
• Sharp🔍
• Peter Jackson🔍

Parties:

• PW🔍
• Chelsea and Westminster Hospital NHS Foundation Trust🔍
• RW🔍
• PLW🔍
• MW🔍
• BW🔍
• A Clinical Commissioning Group🔍

Citation number(s):

• [2018] EWCA Civ 1067^B

What links here:

• Ruth Atkinson-Wilks, 'Case Summary: RW v Chelsea and Westminster Hospital NHS Foundation Trust [2018] EWCA Civ 1067' (Bevan Brittan, 10/9/18)
• Hounslow Clinical Commissioning Group v RW [2019] EWCOP 12

Published: 22/5/18 20:40

Cached: 2024-11-22 05:44:51