St George's University Hospitals NHS Foundation Trust v Casey & Ors [2023] EWCA Civ 1092 (27 September 2023)

St George's University Hospitals NHS Foundation Trust v Casey & Ors [2023] EWCA Civ 1092 (27 September 2023)

Permission to appeal refused as none of the grounds are arguable; the evidence of brain stem death was complete, reliable, and compelling, and the legal test for death is brain stem testing per established practice and authority.

Citation
[2023] EWCA Civ 1092
Parties
Applicant/respondent: St George's University Hospitals NHS Foundation Trust; Respondent/applicant: Andy Casey; Respondent/applicant: Samantha Johnson; Respondent/applicant: Christine Marie Casey; Respondent/applicant: Joe Martin Casey; Advocate to the Court: The Official Solicitor to the Senior Courts
Jurisdiction
England and Wales
Judgment Date
27 September 2023
Procedural Posture
Appeal / Permission to Appeal From High Court Declaration of Death
Outcome
Permission to appeal refused
Legal Topics
Declaration of Death, Brain Stem Testing, Litigation Friend, Standard of Proof, Best Interests Assessment
Family Law Medical Law Human Rights Declaration of Death Brain Stem Testing Litigation Friend Standard of Proof Best Interests Assessment

Case Brief

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Parties

St George's University Hospitals NHS Foundation Trust

Applicant/respondent

Andy Casey

Respondent/applicant

Samantha Johnson

Respondent/applicant

Christine Marie Casey

Respondent/applicant

Joe Martin Casey

Respondent/applicant

The Official Solicitor to the Senior Courts

Advocate to the Court

Procedural Posture

Appeal / Permission to Appeal From High Court Declaration of Death

Legal Issues

  1. 1 Whether refusal to allow instruction of further expert rendered proceedings unfair
  2. 2 Whether absence of litigation friend for deceased party invalidated proceedings
  3. 3 Whether brain stem testing is the legal test for death

Ratio Decidendi

Permission to appeal refused as none of the grounds are arguable; the evidence of brain stem death was complete, reliable, and compelling, and the legal test for death is brain stem testing per established practice and authority.

Court Disposition

Permission to appeal refused

Orders

  • Mother's time for appealing extended
  • Statement of Ms Roberts admitted as evidence