Is there space for clinical decision-making in relation to incapacitated adults? The CA pronounces – Mental Capacity Law and Policy
‘The Court of Appeal in Townsend v Epsom & Helier University Hospitals NHS Trust [2026] EWCA Civ 195 has handed down a decision with very significant implications for all medical decision-making in relation to adults lacking capacity. In the context of an urgent appeal against a decision of the Vice-President, Theis J, Baker LJ (giving the lead judgment), set out at paragraph 68 a series of principles that he considered to be “clearly and consistently established by the case law and professional guidance.”’
Mental Capacity Law and Policy, 3rd March 2026

