The WLR Daily case summaries
[2016] WLR (D) 634
Court of Protection
In re Briggs (Incapacitated Person) (Medical Treatment: Best Interests Decision)
[2016] EWCOP 48
2016 Nov 7, 8; 24
Charles J
Mental disorder— Incapable person— Deprivation of liberty— Incapacitated person in minimally conscious state in hospital under deprivation of liberty authorisation— Application by personal representative to determine whether in person’s best interests to continue to receive clinically assisted nutrition and hydration necessary for survival— Whether application brought under correct statutory provision— Whether issue relating to medical treatment could be taken into account in applying best interest requirement in deprivation of liberty safeguards— Whether non-means tested legal aid funding available to applicant—
Human Rights Act 1998 (c 42), Part 1, Sch I, art 5
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Mental Capacity Act 2005 (c 9) (as amended by Mental Health Act 2007 (c 12), ss 50, Schs 7, 9, para 2), ss 21A , Sch A1, para 16
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Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (SI 2013/480), reg 5(g)