Charles Cooper | Barrister & Mediator

Category: court of protection

A London NHS Trust v. DT [2025] EWCOP 36

Prior to the diagnosis of death through the 2025 Code [of Practice for the Diagnosis and Confirmation of Death] the individual concerned Is not dead as a matter of law – MCA 2005 applies and consequently in the absence of agreement for brain stem testing to be carried out, or the arrangements for them, an application…
Read more: A London NHS Trust v. DT [2025] EWCOP 36
Hemachandran v. Thirumalesh (dec’d) [2024] EWCA Civ 896

‘The judge made an error of law in regarding the absence of belief…’ in a diagnosis or prognosis ‘…as determinative of the functional test…’ in s.3(1) MCA 2005, ‘…an error made through no fault of her own given that she was applying the test as set out by Munby J in Re MM [2007] EWHC…
Read more: Hemachandran v. Thirumalesh (dec’d) [2024] EWCA Civ 896
Re AA (treatment) [2024] EWCOP 39 (T3)

The court will not ‘rubber stamp’ a clinical decision in a case where the parents’ opposition to medical opinion ‘has been clear for a long time’, ‘the court should have been accessed sooner…’ with ‘…two significant consequences:- (i) There is now only one available option before the court, and (ii) There is a perception of…
Read more: Re AA (treatment) [2024] EWCOP 39 (T3)