- Cited — JJ, R (on the application of) v Spectrum Community Health CIC 2023-07-25
“…The right to choose between available alternative medical treatments was confirmed in Montgomery v Lanarkshire Health Board [2015] AC 1430 (Montgomery). At p1463 B-C, Lord Kerr and Reed said:…”
- Cited — Sidra Bilal & Anor v St George's University Hospital NHS Foundation Trust 2023-06-13
“…In Montgomery v Lanarkshire Health Board [2015] UKSC 11; [2015] AC 1430 the Supreme Court recognised the autonomy of the patient in respect of decision making. At para 81 Lord Kerr and Lord Reed observed that social and legal devel…”
- Cited — The General Dental Council v Lucy Jane Williams 2023-05-05
“…r words of Regulation 7(2) and the importance of the principle of patient autonomy. On that latter issue, the decision in Montgomery v Lanarkshire Health Board [2015] AC 1430 at [87] is, I think, directly in point: an adult person of sound mind is entitled to decide which, if any, of the available forms of treatment to undergo, and …”
- Cited — Euro-Asian Oil SA v Credit Suisse AG & Ors 2018-07-25
“…d or justified, see for example, Henderson v. Foxworth Investments Ltd [2014] 1 WLR 2600 at [67], cited with approval in Montgomery v. Lanarkshire Health Board [2015] AC 1430 at [97]. This approach extends to a judge’s evaluation of those facts and the inferences to be drawn from them, unless there are compelling reasons to the cont…”
- Applied — Duce v Worcestershire Acute Hospitals NHS Trust 2018-06-07
“…The judge failed to apply the test set out in Montgomery v Lanarkshire Health Board [2015] UKSC 11, [2015] AC 1430 (“Montgomery”), particularly in that he failed to consider whether the risk in question was ‘material’ in view of the fact that the appellant’s motivation for …”
- Explained — Surrey v Barnet And Chase Farm Hospitals NHS Trust 2018-03-16
“…law relating to the giving of informed consent to medical treatment, as explained by the Supreme Court in Montgomery v Lanarkshire Health Board [2015] UKSC 11, [2015] AC 1430. In that case Mrs Montgomery, a diabetic, was not told of the risks involved in giving birth vaginally as opposed by means of caesarean section. She proceeded …”