Re J (A Minor) (Wardship: Medical Treatment)

JurisdictionEngland & Wales
JudgeTHE MASTER OF THE ROLLS,LORD JUSTICE TAYLOR
Judgment Date19 October 1990
Judgment citation (vLex)[1990] EWCA Civ J1019-6
Docket Number90/0915
CourtCourt of Appeal (Civil Division)
Date19 October 1990
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112 cases
  • Harriton v Stephens
    • Australia
    • High Court
    • 9 May 2006
    ...a balancing exercise in respect of those two possible courses of action 414 before making a decision. As accepted in In re J (A Minor) (Wardship: Medical Treatment)415, such comparisons involve matters of degree and lack the absolute quality of a comparison between a life with disability (o......
  • Re K & Re R
    • United Kingdom
    • Family Division
    • 8 July 2022
    ...avoiding conflict between child welfare and other public advantages.” 9 Lord Donaldson MR in Re J (A Minor) (Wardship: Medical Treatment [1991] (Fam) 33 (41D) observed that; ‘The parents owe the child a duty to give or to withhold consent in the best interests of the child and without regar......
  • Irish Hospital v H (R) & McG (J)
    • Ireland
    • High Court
    • 11 January 2012
    ...- In re a Ward of Court (Withholding Medical Treatment) (No 2) [1996] 2 IR 79 applied; Re J. (a minor) (wardship: medical treatment) [1990] 3 All ER 930, In Re B (A Minor) (wardship: medical treatment) [1981] 1 WLR 1421, Re J (a minor) (wardship: medical treatment) [1991] Fam 33, Re T (a m......
  • An NHS Foundation Trust v M and Others
    • United Kingdom
    • Family Division
    • 1 January 2021
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2 firm's commentaries
  • Covid-19: UK decision on refusal of patient to leave hospital.
    • United Kingdom
    • LexBlog United Kingdom
    • 10 April 2020
    ...said that clinicians cannot be required to provide treatment or care contrary to their own clinical judgment: In Re J (Wardship: A Minor) [1991] Fam 33. Dr Christofi’s careful evidence shows that it is the considered view of the treating team that MB does not require hospital care and can s......
  • Patient discharge and COVID-19 hospital resource allocation: a UK decision
    • Australia
    • Mondaq Australia
    • 20 August 2020
    ...12 MB, above, at [37]–[38]. 13 MB, above, at [46]. 14 In Re J (a minor) (Wardship: Medical Treatment) (1990) 6 BMLR 25; [1990] 3 All ER 930; [1991] Fam 33; 15 MB, above, at [51]. 16 MB, above, at [55]. 17 MB, above, at [60]. 18 MB, above, at [67]. 19 Similar provisions exist in most State a......
15 books & journal articles
  • Hidden Law‐Making in the Province of Medical Jurisprudence
    • United Kingdom
    • Wiley The Modern Law Review No. 77-3, May 2014
    • 1 May 2014
    ...and Grubb’s Principles of Medical Law.156 Fewreaders were likely to appreciate that these were in fact sections that he had144 Re J [1990] 3 All ER 930.145 R (Burke) vGMC n 113 above at [98]–[113].146 R (Burke) vGMC n 114 above at [62]–[3].147 Portsmouth NHS Trust vWyatt [2005] EWCA Civ 118......
  • Harriton v. Stephens, Waller v. James: wrongful life and the logic of non-existence.
    • Australia
    • Melbourne University Law Review Vol. 30 No. 3, December 2006
    • 1 December 2006
    ...original). (123) Harriton (2006) 226 ALR 391, 413. (124) Ibid (citations omitted). See, eg, Re J (A Minor) (Wardship: Medical Treatment) [1991] Fam 33, in the case of a disabled newborn; Re B (Adult: Refusal of Medical Treatment) [2002] 2 All ER 449, in the case of disabled adults; Airedale......
  • Abortion, Autonomy and Prenatal Diagnosis
    • United Kingdom
    • Sage Social & Legal Studies No. 9-4, December 2000
    • 1 December 2000
    ...Reference (No. 3 of 1994) [1998] AC 245.Burton vIslington HA [1993] QB 204.Re AC [1990] 573 A 2d 1235.Re J (A minor)(Medical Treatment) [1991] Fam 33.Re F (in utero) [1988] Fam 122.Re MB (An Adult: Medical Treatment) [1997] 2 FLR 426.Re S (Adult)(Refusal of Medical Treatment)[1993] Fam 123.......
  • Jurisdiction of mental health tribunals to provide positive remedies: application, challenges, and prospects.
    • Canada
    • McGill Law Journal Vol. 57 No. 2, December 2011
    • 1 December 2011
    ...2008 BCSC 318 (available on CanLII). In the UK context, see Re R (1991), [1992] Fam 11 at 26, [1991] 4 All ER 177 (CA); Re J (1990), [1991] Fam 33 at 41, [1990] 3 All ER 930 (CA); Re J (1992), [1992] 4 All ER 614 at 622-23, [1992] 3 WLR 507. (96) See e.g. Involuntary Psychiatric Treatment A......
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