The Health Service Executive of Ireland v Moorgate [2020] EWCOP 12

Application to recognise and enforce an order of the Irish High Court concerning the transfer of treatment of a 19 year old Irish girl between specialist units in England. Application allowed.

P has a diagnosis of anorexia nervosa and had been transferred to a unit in London from Ireland on under the auspices of an Irish order of the High Court in March 2019. She lacks capacity to consent or refuse medical treatment. Her condition deteriorated after the transfer such that, in February 2020, it was deemed necessary to transfer her to a different specialist unit in England. The Irish High Court made an order authorising this transfer and that order was the subject of this review by the Vice President.

He analyses the relevant case law, in particular HSE v PA PB & PC, as well as the procedure before concluding that the protective measures in the order stand for the purpose of Schedule 3 MCA and that, crucially, there had been proper opportunity to be heard before the Irish High Court.

Read the full judgment on Bailii