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Widow’s Court of Protection battle

05th August 2013

The woman’s husband died in 2012 following a Court of Appeal decision that the Aintree University Hospitals NHS Foundation should withdraw treatment given the man’s deteriorating condition, including multiple organ failure. This overturned the earlier High Court decision, which had been made in the Court of Protection by Mr Justice Peter Jackson.

The widow now wants the Supreme Court to overturn the Court of Appeal decision, saying that precedence must be given to “the legal presumption of the preservation of life”. The case will be heard later this week, although a decision is not expected until later this year.

It is expected that the ruling could have significant impact on future cases heard by the Court of Protection and will be of great interest to solicitors who work in this area of the law.

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