Personal Injury Compensation
Urgent application to the court concerning risks to a patient lacking capacity
Blackpool Teaching Hospitals NHS Foundation Trust v GWS and Others [2025] EWCOP 23
The applicant Trust sought determination by the court of issues regarding the capacity of GWS to make decisions about his
medical treatment, in particular, about replacement of stents, and decisions over whether to discharge himself from hospital.
If GWS was found to lack capacity, then the court would determine his best interests. Due to the level of urgency when the
application was issued, the evidence continued to come into court during the course of the hearing, which included evidence
from a number of eminent clinical experts. Updating evidence was filed following the hearing, which considered more recently
disclosed records and provided an update regarding GWS's clinical condition and care planning.