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England and Wales Case Law

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Family law [2025] EWHC 3140 (Fam)

Barts Health NHS Trust v MC & Anr

Barts Health NHS Trust v MC & Anr [2025] EWHC 3140 (Fam) (27 November 2025)

The High Court held that LS had died by neurological criteria on 4 November 2025 at 4.45pm, and authorised withdrawal of intensive care support.

  • Declaration of death
  • Brain stem death
  • Withdrawal of life support
  • Religious objections to medical decisions
  • Procedural fairness
  • Brain-stem-death
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Mental capacity [2025] EWCOP 36

London NHS Trust v DT & Anor

London NHS Trust v DT & Anor [2025] EWCOP 36 (T3) (21 October 2025)

The Court of Protection held that DT should be transferred to Country W for brain stem testing and, if indicated, withdrawal of treatment, applying the best interests test.

  • Best interests decision
  • Brain stem death
  • Medical treatment withdrawal
  • Repatriation for medical purposes
  • Best-interests-decision
  • Brain-stem-death
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Family law

Barts Health NHS Trust v MC & Anor

LS is legally dead as confirmed by brain stem testing conducted in accordance with the 2025 Code of Practice; religious objections do not alter the legal determination of death.

  • Declaration of death
  • Brain stem death
  • Withdrawal of life support
  • Religious objections
  • Procedural fairness
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Family law

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.

  • Declaration of death
  • Brain stem death
  • Withdrawal of treatment
  • Standard of proof
  • Litigation friend
  • Best interests assessment
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Family law [2024] EWHC 1288 (Fam)

University Hospitals Bristol and Weston NHS Foundation v The Mother of G

University Hospitals Bristol and Weston NHS Foundation v The Mother of G [2024] EWHC 1288 (Fam) (27 May 2024)

The High Court declared that G died by neurological criteria and authorised withdrawal of mechanical ventilation and medical support, with a short delay for family preparation.

  • Declaration of death
  • Withdrawal of life-sustaining treatment
  • Brain stem death
  • Inherent jurisdiction
  • Brain-stem-death
  • Declaration-of-death
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Family law [2023] EWHC 2244 (Fam)

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

St George's University Hospitals NHS Foundation Trust v Casey & Ors [2023] EWHC 2244 (Fam) (12 September 2023)

The High Court declared Andy Casey dead at 23:51 on 16 July 2023 after brain stem testing, and held withdrawal of life-sustaining treatment lawful.

  • Declaration of death
  • Brain stem death
  • Withdrawal of life-sustaining treatment
  • Procedural law (cpr)
  • Role of official solicitor
  • Brain-stem-death
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Family law

Guy's & St Thomas’ NHS Foundation Trust v A & Ors.

The High Court refused at this stage to make a DNAR declaration for a baby whose brain death diagnosis had been rescinded after he was later observed breathing.

  • Best interests of child
  • Brain stem death
  • Do not attempt resuscitation (dnar)
  • Medical treatment decisions
  • Parental rights
  • Dnar
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Family law [2022] EWHC 1873 (Fam)

A (A Child), Re

A (A Child), Re [2022] EWHC 1873 (Fam) (13 July 2022)

Interim family medical decision concerning a severely injured infant whose prior brain stem death diagnosis had been rescinded after spontaneous breathing was observed.

  • Best interests of child
  • Withdrawal of medical treatment
  • Brain stem death
  • Do not attempt resuscitation (dnar)
  • Interim relief
  • Family-law
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Family law

BARTS HEALTH NHS TRUST v HOLLIE DANCE & Ors

The High Court found Archie Battersbee had died by brain stem criteria at noon on 31 May 2022 and authorised withdrawal of ventilation and related treatment.

  • Withdrawal of life-sustaining treatment
  • Declaration of death
  • Best interests of child
  • Brain stem death
  • Standard of proof in medical cases
  • Brain-stem-death
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