NHS Trust v T [2004] EWHC 1279 (Fam) (28 May 2004)

NHS Trust v T [2004] EWHC 1279 (Fam) (28 May 2004)

On the evidence available, Ms T lacked capacity both at the time of making the advance directive and currently, due to her borderline personality disorder and disordered thinking. Therefore, her advance directive refusing blood transfusions is not valid. The court has jurisdiction under CPR Part 25 to grant an interim declaration authorising the NHS Trust to administer blood transfusions and necessary treatment to Ms T in life-threatening situations, using minimum force if necessary, until a final hearing can determine the issues on fuller evidence.

Citation
[2004] EWHC 1279 (Fam)
Parties
Claimant: THE NHS TRUST; Defendant: Ms T
Jurisdiction
England and Wales
Judgment Date
28 May 2004
Procedural Posture
Part 8 Claim for Declaratory Relief (medical Treatment) / Interim Application for Declaration; Directions Hearing
Outcome
Interim declaration granted; directions for further evidence and final hearing ordered.
Legal Topics
Advance Directives, Capacity to Refuse Medical Treatment, Best Interests, Interim Declarations, Borderline Personality Disorder
Mental Capacity Law Medical Law Family Law Advance Directives Capacity to Refuse Medical Treatment Best Interests Interim Declarations Borderline Personality Disorder

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 15 Party arguments 2
Sign in to unlock

Parties

THE NHS TRUST

Claimant

Ms T

Defendant

Procedural Posture

Part 8 Claim for Declaratory Relief (medical Treatment) / Interim Application for Declaration; Directions Hearing

Legal Issues

  1. 1 Whether Ms T had capacity to make an advance directive refusing blood transfusions
  2. 2 Whether Ms T currently has capacity to refuse life-saving medical treatment
  3. 3 Whether the court should grant an interim declaration authorising treatment contrary to Ms T's wishes

Ratio Decidendi

On the evidence available, Ms T lacked capacity both at the time of making the advance directive and currently, due to her borderline personality disorder and disordered thinking. Therefore, her advance directive refusing blood transfusions is not valid. The court has jurisdiction under CPR Part 25 to grant an interim declaration authorising the NHS Trust to administer blood transfusions and necessary treatment to Ms T in life-threatening situations, using minimum force if necessary, until a final hearing can determine the issues on fuller evidence.

Court Disposition

Interim declaration granted; directions for further evidence and final hearing ordered.

Orders

  • It is declared that, despite Ms T's lack of consent, it is lawful for the NHS Trust to administer blood transfusions and necessary treatment to stabilise her condition in life-threatening situations.
  • It is lawful for the NHS Trust to use minimum force reasonably necessary to administer such treatment.