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Re Ferreira v HM Senior Coroner for Inner South London [2017] EWCA Civ 31

Sep 29, 2018, 19:40 PM
family law, private client, deprivation of liberty, life-saving medical treatment
the Court of Appeal has held that there will, in general, be no deprivation of liberty in the context of the delivery of life-saving medical treatment.
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Date : Jan 26, 2017, 09:56 AM
Article ID : 113660

The appeal from the decision of the coroner that the mentally impaired person was not being ‘detained’ in hospital was dismissed.




Neutral Citation Number: [2017] EWCA Civ 31
Case No: C1/2015/3844
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM
The Queen’s Bench Division, Divisional Court
[2015] EWHC 2990
Lord Justice Gross and Mr Justice Charles

Royal Courts of Justice
Strand, London, WC2A 2LL


Date: 26/01/2017

Before:


LADY JUSTICE ARDEN
LORD JUSTICE MCFARLANE
and
MR JUSTICE CRANSTON
- - - - - - - - - - - - - - - - - - - - -
Between:


The Queen on the Application of Ferreira
Appellant


- and -


HM Senior Coroner for Inner South London
Respondent


King’s College Hospital NHS Foundation Trust
Interested Party


The Intensive Care Society and the Faculty of Intensive Care Medicine
1st Intervener 


Secretary of State for Health and Secretary of State for Justice
2nd Intervener


- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -


Jenni Richards QC and Victoria Butler-Cole (instructed by Bindmans LLP) for the Appellant
Jonathan Hough QC (instructed by London Borough of Southwark Legal Department) for the Respondent
Kings College Hospital NHS Foundation Trust for the Interested Party did not attend
Alexander Ruck Keene (instructed by Browne Jacobson LLP) for the 1st Intervener
Joanne Clement (instructed by Government Legal Department) for the 2nd Intervener




Hearing dates : 13 to 14 December 2016
- - - - - - - - - - - - - - - - - - - - -


Judgment Approved

Re Ferreira v HM Senior Coroner for Inner South London [2017] EWCA Civ 31.rtf
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