CiteTEXT
...jurisdiction: In re X (A Minor) (Wardship: Jurisdiction) [1975] Fam 47; In re C (A Minor) (Wardship: Medical Treatment) (No. 2) [1990] Fam 39; In re M and N (Minors) (...: Publication of Information) [1990] Fam 211; In re W (A Minor) (Wardship: Restrictions on Publication) [1992] 1 WLR 100; In re H (Minors) (Injunction: Public Interest...) [1994] 1 FLR 519; R v Central Independent Television PLC [1994] Fam 192; In re R (Wardship: Restrictions on Publication) [1994] Fam 254; In re Z (A...
..."touchstone of intolerability" in those cases where a balancing exercise is to be carried out. In Re B (A Minor) (Wardship: Medical Treatment) [1981] 1 WLR 1421, authorising an operation...must be condemned to die", and Dunn LJ said that there was "no evidence that this child's short life is likely to be an intolerable one". Taylor LJ, in Re J (Wardship: Medical Treatment) [1991...marked deterioration in his neurological state in July, after which he was considered to lack the capacity to make decisions about his medical treatment. A Wessex Head Injury Matrix assessment in...
...order to “ease the passing:” Reg. v. Adams, 8 April 1957.There is nothing in In re J. (A Minor) (Wardship: Medical Treatment) [1991] Fam. 33 to support the view that.... [1990] 2 AC 1. The next development was the holding that life-sustaining treatment could be withheld from the dying: In re C. (A Minor) (Wardship: Medical ...prolonging treatment as shown by such English authority as there is: see In re B. (A Minor) (Wardship: Medical Treatment) [1981] 1 W.L.R. 1421, 1424B–G; In re C. (A Minor) (Wardship: ...
.... 10. The Court of Appeal in Re J (A Minor) (Wardship: Medical Treatment) [1991] 1 FLR 366 considered the future medical management of a severely brain-damaged premature baby...of the parent. But once the jurisdiction of the court is invoked its clear duty is to reach and express the best judgment it can". In Re T (Wardship: Medical Treatment) [1997...there is no pressing medical need for the issue to be determined earlier, it would be more appropriate for the issue to be determined (if still required) after the final hearing. This is obviously...
...he had also derived considerable assistance from the decision of this court in Re J (a Minor) (Wardship: Medical Treatment) [1991] Fam 33 (hereinafter Re J). He cites passages from...demonstrates clearly why this court in allowing the GMC's appeal gave that advice. Re B (A minor) (Wardship: Medical Treatment)64. To put Re J in context, however, we...need first to look at the decision of this court in Re B (A minor) (Wardship: Medical Treatment) [1981] 1 WLR 1421 (hereinafter Re B). B was a girl who had been born with Down's...
...) (wardship: medical treatment) [1981] 1 WLR 1421...) (wardship: medical treatment) [1991] 2 WLR 140; 3 All ER 930; [1990] 2 Med LR 67). 5. NB withdrawal of treatment is not proposed in this application...KH’s best interests, the Court must exercise independent and objective judgment on the basis of all the available evidence (Re T (A Minor) (Wardship: Medical Treatment) [1997...
...treatment in accordance with the recommendation of the child's doctors can take place, on the grounds that it is in the child's best interests (see Re B (A Minor)(Wardship: Medical Treatment) (1982...relief in the foregoing context is well settled and can be summarised as follows (drawn from in particular In Re J (A Minor)(Wardship: Medical Treatment) [1991] Fam 33...administration of blood products to T. No consent has been given by T's father. In the circumstances, where it is plain that T lacks the capacity to consent or refuse medical treatment, at present...
...treatment, even where the inevitable result will be the death of the child (see, for example, the Court of Appeal decision in Re B (a minor) (wardship: medical treatment) [1981] 1 WLR 1421...balance them in order to determine where his best interests lie: Re J (a minor) (wardship: medical treatment) [1991] 2 WLR 140; 3 All ER 930; [1990] 2 Med LR 67...objective judgment on the basis of all the available evidence (Re T (A Minor) (Wardship: Medical Treatment) [1997] 1 WLR 242). 26...
...Re T (Wardship: Medical Treatment) [1997] 1 FLR 502. In that case, the Court of Appeal reversed a decision by the judge that the child should...: Medical Treatment) [1997] 1 FLR 502 (and in particular the judgment of Butler-Sloss LJ (as she then was)) I thought it sensible to revisit the point...in Re O (A Minor)(Medical Treatment) [1993] 2 FLR 149 and of Booth J in Re R (A Minor)(Blood Transfusion)[1993] 2 FLR 757. Both involved the use of blood or blood...
...Court of Appeal in Re T (Wardship: Medical Treatment) [1997] 1 FLR 502 (and in particular the judgment of Butler-Sloss LJ (as she then was)) I thought..., namely that of the Court of Appeal in Re T (Wardship: Medical Treatment) [1997] 1 FLR 502. In that case, the Court of Appeal reversed a decision by the...point are the decision of Johnson J in Re O (A Minor)(Medical Treatment) [1993] 2 FLR 149 and of Booth J in Re R (A Minor)(Blood Transfusion)[1993] 2 FLR 757. Both...
...respectfully say so, from the judgments of the Court of Appeal in In re J (a Minor) (Wardship: Medical treatment) [1991] Fam 33. Two passages have in particular informed my understanding. At...recognises that she almost certainly will. The unanimous medical advice is that to give such treatment would not be in her best interests. The views of the parents are that such treatment should at...were bound to take account of the British Medical Association Guidance "Withholding and Withdrawing Life Prolonging Medical Treatment". The current version was updated in 2001. That guidance is not...
...jurisdiction is invoked the welfare of the child is the paramount consideration. [10] The Court of Appeal in Re J (A Minor) (Wardship: Medical Treatment) [1991] 1 FLR...and express the best judgment it can'. In Re T (Wardship: Medical Treatment) [1997] 1 FLR 502 Butler Sloss P said at 509...Re Jake (Withholding Medical Treatment) [2015] EWHC 2442 (Fam)). 33. In the circumstances, as in Re A, B, C and D (Welfare of...
...submits that whilst human rights are engaged, including the Art 9 right to freedom of thought, conscience and religion, this case is about best interests, per Re T (A Minor)(Wardship: Medical Treatment) ...on its own facts and that there is no agreed "touchstone of intolerability" per In re B (A Minor)(Wardship: Medical Treatment) [1981] 1 WLR 1421 at 1424, the parents and the maternal...relation to the medical care of children, in Re J (a minor)(wardship: medical treatment) [1990] 3 All ER 930 at 934, [1991] Fam 33 at 41, Lord Donaldson MR observed as...
...vehemently object: see, for example, Re E (A Minor) (Wardship: Medical Treatment) [1993] 1 FLR 386. 45. But the clash between a parent's religious beliefs and a loved child's...his life what he wishes. A poignant example is provided by the aftermath of Re E (A Minor) (Wardship: Medical Treatment) [1993] 1 FLR 386, where Ward J (as he then was) had required...where the issue before the court is whether to require a teenager to submit against their wishes to life-saving medical treatment. There, as Nolan LJ once observed (In Re W. (A Minor) (Medical Treatment...
...submits that whilst human rights are engaged, including the Art 9 right to freedom of thought, conscience and religion, this case is about best interests, per Re T (A Minor)(Wardship: Medical Treatment) ...on its own facts and that there is no agreed "touchstone of intolerability" per In re B (A Minor)(Wardship: Medical Treatment) [1981] 1 WLR 1421 at 1424, the parents and the maternal...relation to the medical care of children, in Re J (a minor)(wardship: medical treatment) [1990] 3 All ER 930 at 934, [1991] Fam 33 at 41, Lord Donaldson MR observed as...
...August, Kirklees applied for a declaration as to whether or not life-prolonging medical treatment remained in his best interests. Kirklees considered the prognosis to be very poor. It was submitted that...: medical treatment) [1991] Fam 33 at page 46 where he said: "There is without doubt a very strong presumption in favour of a course of action which will prolong life, but it is not...fundamental question is whether it is in the best interests of a patient, and therefore lawful, to give medical treatment. If the court concludes that the treatment is not in the child's best interests...
...page 113A line of cases from 1981 has, in my judgment, clearly established the approach of the court to these most difficult and anxious questions. In Re B (A Minor) (Wardship: Medical Treatment) [1...primary and paramount consideration, the welfare of the child.This Court in Re J (A Minor) (Wardship: Medical Treatment) [1991] Fam. 33 considered the future medical...treatment. She and the father came to the conclusion, having sought medical advice, that if the "Kasai" operation proved unsuccessful, they would not wish their baby to undergo major transplant surgery...
..., born on 28 March 2003 and now aged 14, lacked capacity to give her consent to medical treatment; ii) That it was in YZ's best interests to receive as a matter of urgency...required to check the level of paracetamol in her body; iii) That it was lawful, being in YZ's best interests, for medical staff to provide this treatment and to use reasonable and...paracetamol overdose medical staff engaged in lengthy discussions with YZ in an attempt to get her to agree to blood tests and, if necessary consequent on the results of those tests, treatment...
...the best interests of the child. It is also possible for the High Court to make a specific issue order in relation to disputed medical treatment under section 8 of the 1989 Act. 8. The principles to be applied by th...1. These proceedings concern an application by a Health Board for a declaration in respect of medical treatment to be given to a baby, hereafter referred to as "Y", who...Y's medical condition and whether it was in his best interests to receive CPR and further escalation of medical treatment (with appropriate directions in accordance with Part 25 of the Family...
...anxious questions. In Re B (A Minor) (Wardship: Medical Treatment) [1981] 1 WLR 1421, the child was born suffering from Down�s Syndrome and from an intestinal blockage which required to...ward, was concerned with only one primary and paramount consideration, the welfare of the child. This Court in Re J (A Minor) (Wardship: Medical Treatment) [1991] Fam. 33 considered...the consequential treatment. In most medical situations there was more than one answer. The doctors view was based upon clinical grounds, but where the welfare of a child required a family decision...