The NHS trust in An NHS Trust v Mrs J (by her litigation friend, the Official Solicitor) was represented by Adam Fullwood of Kings Chambers, instructed by DAC Beachcroft.
Mr Justice Bodey dealt with the case concerning an elderly woman who had been diagnosed with cancer and required further investigation and treatment. Despite numerous attempts to secure her co-operation she refused, insisting that she did not need treatment. Her family supported her decision and considered that she could recover capacity with the right treatment for her underlying mental disorder.
The trust was concerned not to lose the opportunity to provide potentially curative treatment and referred the matter to the Court of Protection to seek declarations in relation to capacity and authority to carry out treatment.
Despite there being a number of contra-indications against compelling Mrs J to undergo the proposed treatment, the judge came to the conclusion that it would be in her best interests and granted authority to use restraint to convey her to hospital and to enable the treatment to be provided.