Tracey, R (on the application of) v Cambridge University Hospitals NHS Foundation Trust [2012] EWHC 3860 (Admin) (21 December 2012)

Tracey, R (on the application of) v Cambridge University Hospitals NHS Foundation Trust [2012] EWHC 3860 (Admin) (21 December 2012)

Given the limited and non-causative factual findings, particularly that the first DNACPR notice was not acted upon and was cancelled, it is neither appropriate nor proportionate to proceed to a substantive hearing on the legal issues. The court should not engage in policy-making or broad legal pronouncements on the basis of these facts.

Citation
[2012] EWHC 3860 (Admin)
Parties
Claimant: David Tracey (personally and on behalf of the estate of Janet Tracey, deceased); First Defendant: Cambridge University Hospitals NHS Foundation Trust; Second Defendant: Secretary of State for Health and Health Ministers; Interested Party: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
21 December 2012
Procedural Posture
Judicial Review / Post Fact Finding Ruling on Whether to Proceed to Substantive Hearing
Outcome
Application for a further substantive hearing refused; permission to appeal refused.
Legal Topics
DNACPR (do Not Attempt Cardiopulmonary Resuscitation) Notices, Article 2 ECHR (right to Life), Article 8 ECHR (right to Respect for Private and Family Life), Judicial Review Procedure, Clinical Decision Making, Policy Guidance in Healthcare
Public Law Human Rights Law Medical Law DNACPR (do Not Attempt Cardiopulmonary Resuscitation) Notices Article 2 ECHR (right to Life) Article 8 ECHR (right to Respect for Private and Family Life) Judicial Review Procedure Clinical Decision Making +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

David Tracey (personally and on behalf of the estate of Janet Tracey, deceased)

Claimant

Cambridge University Hospitals NHS Foundation Trust

First Defendant

Secretary of State for Health and Health Ministers

Second Defendant

Equality and Human Rights Commission

Interested Party

Procedural Posture

Judicial Review / Post Fact Finding Ruling on Whether to Proceed to Substantive Hearing

Legal Issues

  1. 1 Whether a further substantive hearing on legal issues regarding DNACPR notices is appropriate and proportionate given the factual findings
  2. 2 Whether the imposition of DNACPR notices breached Articles 2 and 8 ECHR
  3. 3 Whether the Trust's policy and national guidance on DNACPR are lawful and Convention-compliant

Ratio Decidendi

Given the limited and non-causative factual findings, particularly that the first DNACPR notice was not acted upon and was cancelled, it is neither appropriate nor proportionate to proceed to a substantive hearing on the legal issues. The court should not engage in policy-making or broad legal pronouncements on the basis of these facts.

Court Disposition

Application for a further substantive hearing refused; permission to appeal refused.

Orders

  • No substantive hearing on legal issues to be held.
  • Claimant granted until 7 January to apply to the Court of Appeal for permission to appeal.