Family Law Week judgment summary: St George’s Trust, [2023] EWHC 2244 (Fam)

29 September 2023

Joanna Thom summarises the judgment in St George’s Trust, [2023] EWHC 2244 (Fam) for Family Law Week about an application under the High Court's inherent jurisdiction concerning 20-year-old Andy Casey. Mr Casey had been punched in the head during a night out, fell to the ground and suffered a catastrophic injury.

In its application under Part 8, St George's University Hospital NHS Foundation Trust sought a declaration that Mr Casey had died on 16 July when brain stem testing took place. Also that in the circumstances, it was lawful to withdraw his medical treatment.

The court gave general guidance about declarations of death and its own jurisdiction to consider the case.

It held the question of best interests was no longer open to it following brain stem testing in accordance with the 2008 Code of Practice for the Diagnosis and Confirmation of Death. Consequently the Official Solicitor was not required to be a party to the proceedings.

Read the full summary on Family Law Week.