Charles Cooper | Barrister

Category: medical

Stockport Met BC v. EKK [2025] EWCOP 42

Distinguishing the decision of the Supreme Court in A Local Authority v. JB [2021] UKSC 52 as to capacity to engage in sexual relations, the Court finds: ‘The approach set out in Sheffield [City Council v. E [2004] EWHC 2808, pre MCA 2005] and developed thereafter enables the right balance between the protection of the incapacitous and a restriction on…
Read more: Stockport Met BC v. EKK [2025] EWCOP 42
Shaheen & Anor v. Daish [2025] EWHC 3056 (KB)

The Court finds that the GP defendant ‘…failed to tell/inform the deceased that a chest x-ray was required and that he needed to attend the local walk-in radiology department in order for the chest x-ray to be carried out’ where, despite evidence in person to the contrary, ‘There is no record in the appointment note…
Read more: Shaheen & Anor v. Daish [2025] EWHC 3056 (KB)
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