St George’s University Hospitals NHS Foundation Trust v Andy Casey & Ors

St George’s University Hospitals NHS Foundation Trust v Andy Casey & Ors

None of the grounds of appeal are arguable; the evidence before the judge that Mr Casey had died was complete, reliable and compelling, and a declaration of death was the only proper decision. Permission to appeal is refused.

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
11 October 2024
Procedural Posture
Civil Appeal (family Division) / Permission to Appeal Application
Outcome
Permission to appeal refused
Legal Topics
Declaration of Death, Brain Stem Death, Withdrawal of Treatment, Standard of Proof, Litigation Friend, Best Interests Assessment
Family Law Medical Law Declaration of Death Brain Stem Death Withdrawal of Treatment Standard of Proof Litigation Friend Best Interests Assessment

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 5 Authorities cited 8 Party arguments 2
Sign in to unlock

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

Civil Appeal (family Division) / Permission to Appeal Application

Legal Issues

  1. 1 Whether the proceedings were fair given refusal to instruct another expert
  2. 2 Whether the absence of a litigation friend for the patient rendered proceedings a nullity
  3. 3 Whether brain stem death is the legal test for death in England and Wales

Ratio Decidendi

None of the grounds of appeal are arguable; the evidence before the judge that Mr Casey had died was complete, reliable and compelling, and a declaration of death was the only proper decision. Permission to appeal is refused.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused.
  • Mother's time for appealing is extended.