Briggs v Briggs (by his litigation friend, the Official Solicitor) and others

Medical treatment – Consent to medical treatment. The Court of Protection rejected the argument that s 4(5) of the Mental Capacity Act 2005 precluded it from relying on an argument based on the wishes and feelings the first respondent, who was in a minimally conscious state, and what he would have wanted and would have decided, based on his wife's opinion. The first respondent would, in the exercise of his right of self-determination, not have consented to further clinically assisted nutrition and hydration, and his best interests were best promoted by not giving consent on his behalf.

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