The WLR Daily case summaries
[2017] WLR (D) 535
Court of Appeal
In re Briggs (Incapacitated Person)
[2017] EWCA Civ 1169
2017 July 3, 4; 31
Sir Brian Leveson P, King, Burnett LJJ
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— Approach where medical treatment of incapacitated person in issue—
Human Rights Act 1998 (c 42), Pt 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 15, 16, 17, 21A , Sch A1, para 16