Re C (Refusal of Medical Treatment)

JurisdictionEngland & Wales
Date1994
Year1994
CourtFamily Division
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13 cases
  • Re M B (Caesarian section)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 26 March 1997
    ... ... Butler-Sloss, Lord Justice Saville and Lord Justice Ward Court of Appeal Medical treatment - phobia against needles resulting in incompetence - non-consensual treatment ... of the evidence was necessary because fear of an operation might be a rational reason for refusal to undergo it. Fear might also, however, paralyse the will and thus destroy the capacity to make a ... ...
  • Re JT (Adult: Refusal of Medical Treatment)
    • United Kingdom
    • Family Division
    • Invalid date
  • X City Council v MB and Others
    • United Kingdom
    • Family Division
    • Invalid date
    ...& D 46. Brown v Brown (1828) 1 Hagg Ecc 523. C (adult: refusal of treatment), Re[1994] 2 FCR 151, [1994] 1 All ER 819, [1994] 1 WLR 290, [1994] 1 FLR 31. Durham v Durham (1885) 10 PD H and R (minors) (sexual abuse: standard of proof), Re[1996] 1 FCR 509, [1996] 1 All ER 1, [1996] AC 563, [1......
  • NHS Trust v T (adult patient: refusal of medical treatment)
    • United Kingdom
    • Family Division
    • 28 May 2004
    ...If not, they are free to treat him in what they believe to be his best interests.' Thorpe J, in Re C (Refusal of Medical Treatment) [1994] 1 FLR 31, formulated the test to be applied where the issue arose as to capacity to refuse treatment. In that case a man of 68 suffering from chronic pa......
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2 books & journal articles
  • Adolescent Autonomy, Detention for Medical Treatment and Re C
    • United Kingdom
    • Wiley The Modern Law Review No. 62-4, July 1999
    • 1 July 1999
    ...willingness to remain at the clinic to receivetreatment voluntarily.10 [1992] 4 All ER 627.11 Re C (Adult: Refusal of Medical Treatment) [1994] 1 FLR 31. This, of course, is not a case which hasany connection with teenagers of any description, (the patient was a 68-year-old man) but is now ......
  • Autonomy, Guardianship and Mental Disorder: One Problem, Two Solutions
    • United Kingdom
    • Wiley The Modern Law Review No. 65-5, September 2002
    • 1 September 2002
    ...treatment, n 10 above.26 See the Report of the Law Commission, n 16 above.27 See, in particular, Re C (Refusal of Medical Treatment) [1994] 1 FLR 31, and Ms B [2002] n 8 above.28 Re F (Mental Patient: Sterilisation) [1990] 2 AC 1 and Re SL (Adult Patient) [2000] 2 FCR 452.29 However the com......

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