Whose Decision Is It Anyway? Navigating treatment decisions after the Town | Webinar
About the Event Join 39 Essex Chambers’ barristers Jenni Richards KC, Katie Scott, and Ian Brownhill for an urgent exploration of the Court of Appeal’s judgment in Townsend v Epsom & St Helier University Hospitals NHS Trust [2026] EWCA Civ 195. In a decision that has raised questions throughout the healthcare and legal sectors, the Court of Appeal has forcefully asserted that there is no “carve-out” for clinical decisions when it comes to the treatment of incapacitated adults. The ruling states that any decision to withhold or withdraw life-sustaining treatment must apply the best interests checklist in the Mental Capacity Act 2005. In this session, the panel will cover: Decoding Townsend, what did the court actually decide? How does this decision square with the established canon of caselaw in respect of medical decision making? What does this mean for the future of the Court of Protection?

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