Manchester University NHS Foundation Trust v Verden & Anor [2022] EWCOP 4 (08 February 2022)

Manchester University NHS Foundation Trust v Verden & Anor [2022] EWCOP 4 (08 February 2022)

Given the extensive prior publicity, William's own wishes, the time-critical need for a donor, and the public interest in the case, the balance of rights under Articles 8 and 10 ECHR favours varying the Reporting Restriction Order to allow publicity, subject to undertakings to protect William from certain harms.

Citation
[2022] EWCOP 4
Parties
Claimant: Manchester University NHS Foundation Trust; 1st Respondent: William Verden; 2nd Respondent: Amy McLennan
Jurisdiction
England and Wales
Judgment Date
08 February 2022
Procedural Posture
Court of Protection Application / Interlocutory Application to Vary Reporting Restriction Order
Outcome
Application to vary the Reporting Restriction Order allowed
Legal Topics
Reporting Restrictions, Article 8 ECHR, Article 10 ECHR, Media and Publicity in Court of Protection, Best Interests, Medical Treatment
Mental Capacity Law Human Rights Reporting Restrictions Article 8 ECHR Article 10 ECHR Media and Publicity in Court of Protection Best Interests Medical Treatment

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Parties

Manchester University NHS Foundation Trust

Claimant

William Verden

1st Respondent

Amy McLennan

2nd Respondent

Procedural Posture

Court of Protection Application / Interlocutory Application to Vary Reporting Restriction Order

Legal Issues

  1. 1 Whether to vary the Reporting Restriction Order to allow publicity of William Verden's case
  2. 2 Balancing Article 8 (privacy) and Article 10 (freedom of expression) rights

Ratio Decidendi

Given the extensive prior publicity, William's own wishes, the time-critical need for a donor, and the public interest in the case, the balance of rights under Articles 8 and 10 ECHR favours varying the Reporting Restriction Order to allow publicity, subject to undertakings to protect William from certain harms.

Court Disposition

Application to vary the Reporting Restriction Order allowed

Orders

  • Reporting Restriction Order amended in terms set out in the draft order