Re C (Medical Treatment)

JurisdictionEngland & Wales
Year1998
Date1998
CourtFamily Division
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12 cases
  • Masterman-Lister v Brutton; Masterman-Lister v Jewell
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 16 January 2003
    ... ... It took some time to gather together the medical reports and the information in relation to financial loss, so the Statement of Claim was not served until 7 th September 1985. The defence denied ... ) [1990] 2 AC 1 it was held that Part VII of the 1983 Act, which includes section 94(2), does not extend to physical care and/or treatment. It includes "only business matters, legal transactions or other dealings of a similar kind" (per Lord Brandon at 59) ... 17 It is common ... ...
  • R (Burke) v General Medical Council
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 30 July 2004
    ... ... Central to those issues are fundamentally important questions of medical law and ethics. In particular the case focuses on the extent to which we should respect the patient's autonomy: the personal autonomy which our law has now come to recognise demands that the choice of medical treatment – the choice of how we are to live and how we are to die – should be left to the individual: see R (Smeaton) v Secretary of State for Health [2002] EWHC 610 (Admin) , [2002] 2 FLR 146 , at para [397]. To the claimant these issues are quite literally matters of life and death. They are ... ...
  • R (Mersey Care NHS Trust) v Mental Health Review Tribunal
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 22 July 2004
    ... ... hospital challenged the decision of the Tribunal, arguing that (i) the Tribunal had been procedurally unfair because Dr S, D's Responsible Medical Officer, had been prevented from cross-examining a hospital social worker who gave evidence to the Tribunal and was refused permission to sum up the ... not being a person liable to be detained or subject to guardianship or after-care under supervision under the Act or a person seeking treatment for mental disorder at the same hospital or mental nursing home as the patient. " Rule 10(2): "Any representative ... ...
  • NHS Trust v T (adult patient: refusal of medical treatment)
    • United Kingdom
    • Family Division
    • 28 May 2004
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