- SAN, who needs a bone marrow transplant;
- SW, the Patient, who is SAN's adoptive sister and the proposed donor;
- SW's son (and therefore SAN's nephew), who is the applicant in these proceedings and is SW's attorney under a Health and Welfare LPA;
- Dr Waghorn and Dr Jooste, who have been struck off the medical register and who have agreed to carry out the proposed medical procedure.
The Court of Protection dismissed the application. The Court had no jurisdiction, no power, to exempt anyone from the statutory scheme under the Human Tissue Act 2004 and The Human Tissue Act 2004 (Persons who Lack Capacity to Consent and Transplants) Regulations 2006. This scarcely coherent application was totally without merit - it was misconceived and vexatious. The son, Dr Waghorn and Dr Jooste were ordered to pay costs in the sum of £7,671 to the HTA. A reporting restriction order was varied allowing the naming of the 2 doctors.
Read the full text of the judgment on Bailii