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landmarks in the common law

Withdrawing life support and the law

The Supreme Court has judged that courts do not need to be involved in the withdrawal of life-sustaining treatment. Darren Sylvester reviews the important case of An NHS Trust & Ors v Y & Anor (2018)

This column is relevant to AQA A-level (nature of law: law and morals) and OCR A-level Unit 3 (nature of law).

On 30 July 2018 the UK Supreme Court handed down its judgment in An NHS Trust & Ors v Y & Anor. This concerned whether a court order must always be obtained before clinically assisted nutrition and hydration (CANH), which is keeping alive a person with a prolonged disorder of consciousness (PDOC), can be withdrawn, or whether court involvement is not necessary. The ratio of the Supreme Court’s decision is that in circumstances where the clinical team and the family are agreed that it is not in the patient’s best interests to continue with the treatment, then court involvement is obviated.

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Types of damages

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Cliff Richard and the right to privacy

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