header-logo header-logo

06 September 2018 / Carmel Shachar , David Locke
Issue: 7807 / Categories: Features
printer mail-detail

In whose best interests?

nlj_7807_locke

David Locke & Carmel Shachar consider the impact of globalised medicine on withdrawal of treatment decisions in the UK

  • Is it a reality that developed jurisdictions (other than the UK) permit treatment contrary to the best interests of children simply because either it is the wish of the parents, or because they can pay for it? Or is the real divergence in the applied definition of ‘best interests’?
  • Since it can reasonably be anticipated that these are arguments which will be raised in front of the courts again, it is important that proper scrutiny is given to the assertions.

As a feature of the progressive globalisation of medicine, the recent, heavily litigated, trio of cases involving the withdrawal of treatment from infants (Charlie Gard, Isaiah Haastrup and Alfie Evans) has highlighted what is asserted to be an international cultural, medical and medico-legal divergence in relation to the issues of futility, ‘best interests’ and the parental role in decisions to withdraw treatment from children.

The first instance decision in the Charlie Gard case, Great Ormond

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll