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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Gregory v Nottingham University Hospitals NHS Foundation Trust & Ors [2023] EWCA Civ 1324 (10 November 2023) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2023/1324.html Cite as: [2023] EWCA Civ 1324 |
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ON APPEAL FROM THE HIGH COURT OF JUSTICE
FAMILY DIVISION
Mr Justice Peel
FD23P00452
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE MOYLAN
and
LORD JUSTICE PETER JACKSON
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DEAN GREGORY |
Defendant/Appellant |
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- and - |
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(1) NOTTINGHAM UNIVERSITY HOSPITALS NHS FOUNDATION TRUST (2) INDI GREGORY (By her CAFCASS Guardian, Kathleen Cull-Fitzpatrick) (3) CLAIRE STANIFORTH |
Applicant/ Respondents |
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Emma Sutton KC (instructed by Browne Jacobson LLP) for the First Respondent
Katie Scott (instructed by CAFCASS) for the Second Respondent
The Third Respondent did not attend and was not represented
Hearing date: 10 November 2023
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Crown Copyright ©
Lord Justice Peter Jackson:
1) The judge should not have changed the terms of the care plan without considering whether there were proper grounds on which his earlier decision could be reopened.
2) The judge should not have granted the Trust's application when it had made little or no effort to engage with the parents about the arrangements for extubation or to get further information about the viability of a home care package.
3) The decision to alter the care plan was unfair and was reached without due process, with the father not having an adequate opportunity to make his own inquiries.
4) The judge misdirected himself about the requirements of good medical practice.
Lord Justice Moylan:
Lady Justice King: