University College London Hospitals NHS Foundation Trust v PK & Anor [2025] EWCOP 17 (T3)

Application for declaration that it is not in PK's best interests to receive clinically assisted nutrition and hydration.

PK is 73 years old and devout Muslim. In 2019 he was diagnosed with dementia and since then he has been progressively weakened by a series of falls before a haemorrhage, in October 2024, left him unable to swallow. He is now cared for at the National Hospital for Neurology and Neurosurgery. The family opposed the application broadly on the grounds that PK's faith and personal feelings determined he would have wanted to remain alive and also, crucially, he showed signs of consciousness when his family were present or his football team was mentioned.

After carefully reviewing the clinical evidence and that of the eldest daughter,  HHJ McKendrick refuses the application setting down his reasons at [62] and at [64] noting that while there is likely to be no improvement in PK's functioning it does not follow that his treatment is futile. He also notes at [65] that his conclusions depart from the evidence of the two experienced clinical witnesses but

"the best interests decision is mine alone. I depart from the expert because I place greater weight on PK's past and present wishes, feeling, beliefs and values than the expert does."

Read the judgment on Bailii