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06 October 2011
Issue: 7484 / Categories: Case law , Law reports , In Court
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Mental health—Persons who lack capacity—Withdrawal of life sustaining treatment

Re M [2011] EWHC 2443 (Fam), [2011] All ER (D) 142 (Sep)

Court of Protection, Scott Baker LJ, 28 Sep 2011

The Court of Protection has ruled that withdrawing artificial nutrition and hydration from a person in a minimally conscious state was not, in the circumstances, in that person’s best interests; the court also made general observations for future cases.

Vikram Sachdeva and Victoria Butler-Cole (instructed by Irwin Mitchell) for W. Caroline Harry Thomas QC and Katherine Apps (instructed by the Official Solicitor) for M. Bridget Dolan (instructed by Beachcroft LLP) for the Primary Care Trust.

The proceedings concerned M. In 2003, aged 43, she fell into a coma and was found to be suffering viral encephalitis which left her with extensive and irreparable brain damage. From that time she remained in a minimally conscious state (MCS), which was slightly higher than a permanent vegetative state (VS). Her status had been assessed by methods called “sensory modality assessment and rehabilitation technique” (SMART) and “Wessex head injury

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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