John McKendrick QC succcessfully acts in Court of Appeal termination case

John recently appeared for the appellant in the Court of Appeal challenging a first instance declaration that a termination at 23 weeks was lawful and in an incapacitated woman’s best interests. The appeal was heard urgently the day before the termination was due to take place. The Court of Appeal, McCombe, King and Peter Jackson LJJ granted permission to appeal, allowed the appeal and dismissed the NHS Trust’s application.

The Judgment can be found here.

The Court emphasised the mandatory section 4 requirements of the Mental Capacity Act 2005, the need to fully consider the wishes and the feelings of an incapacitated person and importantly the views of others, as well as the medical evidence, when it was proposed the state interfere in the bodily integrity of a woman to provide consent for a termination, a profound interference with Article 8 ECHR rights. The Court’s evaluation of the s. 4 factors is required reading for all Court of Protection practitioners.

John was instructed by Laura Hobey-Hamsher at Bindmans. Amongst other areas, he practises in all areas of public and medical law.

The case attracted significant national and international media attention.

Please read more here:

• BBC
• The Guardian
• The Sun
• New York Times
• USA Today

News 11 Jul, 2019