London NHS Trust v DT & Anor [2025] EWCOP 36 (T3)

Best interests decision regarding DT and whether she should be moved to another country for the purpose of brain stem tests to determine whether she is dead. 

DT was a 42 year old who fell ill while travelling, suffered a cardiac arrest and lapsed into unconsciousness. She was transferred to a hospital in the UK for tests where the doctors caring for her decided she was dead but had to undertake brain stem tests before they could formally do so. However her family wished to transfer DT to her favoured territory for the required brain stem tests so she could be declared dead there and buried shortly thereafter as this formed part of her religious beliefs.

In this judgment Theis J, the Vice President, had to consider DT's best interests. She notes the resistance by the clinicians about allowing the transfer, as this could undermine decision making in later cases, but states the law is clear: DT cannot be declared dead in law until the brain stem tests are carried out as per the 2025 Code of Practice. She also notes at [48] that while the transfer

"is likely to involve DT continuing to receive treatment that is considered futile and the inherent risks in a complex transfer such that she may die in transit" 

those risks are outweighed by DT's wishes and feelings, especially as the family are aware of the risks and specialist teams will be involved.

Read the judgment on Bailii