Open Justice Court of Protection Project (@openjusticecop.bsky.social)

Is there space for clinical decision-making in relation to incapacitated adults? The CA pronounces The Court of Appeal in Townsend v Epsom & Helier University Hospitals NHS Trust EWCA Civ 195 has handed down a decision with very significant implications for all medical decision-making in relation to adults lacking capacity. In the context of an urgent appeal against a decision of the Vice-President, Theis J, Baker LJ (giving the lead judgment), set out at paragraph 68 a series of principles that he considered to be “clearly and consistently established by the case law and professional guidance.” https://www.mentalcapacitylawandpolicy.org.uk/is-there-space-for-clinical-decision-making-in-relation-to-incapacitated-adults-the-ca-pronounces/