The Weekly Law Reports
[2025] 2 WLR 19
Court of Appeal
University Hospitals Birmingham NHS Foundation Trust v Thirumalesh, decd and others
[2024] EWCA Civ 896
2024 May 2, 3; July 31
King, Singh, Baker LJJ
Mental capacity— Capacity to make decisions— Medical treatment— Treating clinicians considering adult patient terminally ill and recommending move to palliative care— Patient refusing to believe clinicians’ prognosis— Whether patient lacking capacity to make decisions as to medical treatment— Whether lack of belief in medical consensus inevitably leading to conclusion patient unable to “understand” and/or “use or weigh” information relevant to decisions—
Mental Capacity Act 2005 (c 9), ss 2, 3