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Cases

A Clinical Commissioning Group v AF & Ors [2020] EWCOP 16

30/3/2020

 
​​The court had to decide if it was in the P's best interests to continue to receive CANH. The court ruled that CANH should continue.

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Imperial College Healthcare An NHS Trust v MB & Ors [2019] EWCOP 30

24/7/2019

 
The P was allowed to return home to die.

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A Clinical Commissioning Group v P (Withdrawal of CANH) [2019] EWCOP 18

29/5/2019

 
Application brought by the CCG, with the support of the P's family, that CANH should be withdrawn from the P. The application was granted.

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Hounslow Clinical Commissioning Group v RW & Ors [2019] EWCOP 12

4/4/2019

 
The applicant LA was seeking an order which would allow them to withdraw CANH from the P. The order was made.

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NHS Cumbria CCG v Rushton [2018] EWCOP 41

26/3/2019

 
Application regarding the proposed withdrawal of clinically assisted nutrition and hydration (CANH) in respect of the 85 year old P. The application was granted.

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SS v CCG & Anor [2018] EWCOP 40

8/3/2019

 
Application to withdraw CANH from the P, who was in a persistent vegetative state, was allowed.

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University Hospitals Birmingham NHS Foundation Trust v HB [2018] EWCOP 39

14/2/2019

 
Application by NHS Trust seeking an order confirming that certain forms of treatment were not in P's best interests.

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RAO v ROO & Anor [2018] EWCOP 33

15/11/2018

 
​Applications by the P's husband that it was in her best interests for her to be taken off palliative care until there had been a full investigation and definitive diagnosis of the cause of her deterioration since 2012 and that she be given artificial feeding by way of PNT nutrition until she can eat enough to keep her alive. The applications were refused.

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Leeds Teaching Hospitals NHS Trust v JF & Anor [2018] EWCOP 32

13/11/2018

 
​The court had to decide on end of life treatment for the P who had terminal cancer and was unconscious after suffering a cardiac arrest.

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Y v A Healthcare NHS Trust & Ors [2018] EWCOP 18

17/8/2018

 
The Applicant was seeking  ​a declaration that, notwithstanding her husband's incapacity and his inability to consent, it was lawful and in his best interests for his sperm to be retrieved and stored prior to his death. The declaration was granted.
The Applicant's husband was involved in a road accident which left him with a catastrophic brain injury. Prior to the accident the couple had started to embark on IVF treatment to provide a brother or sister for their son. The court had to decide whether it was lawful to collect and store the husband's sperm before he died so that the Applicant could go ahead with the treatment.

The court allowed the application. The decisions the court took on the husband's behalf were in his best interests even though his death was imminent. The order declared that it was lawful for a doctor to retrieve his gametes and lawful for those gametes to be stored both before and after his death on the signing of the relevant consents storage and use and that it was lawful for his gametes and any embryos formed from his gametes to be used after his death.

Read the full text of the judgment on Bailii

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