ABSTRACT
Leslie Burke, aged 45, suffers from spino cerebellar ataxia, a progressively degenerative brain condition. He was concerned that the General Medical Council (GMC) Guidance would mean that medical staff might withdraw artificial nutrition and hydration (ANH) against his wishes, if they considered that this treatment was not in his best interests. He wished to ensure that ANH would not be withdrawn from him while he remained sentient. He sought to achieve this by seeking judicial review of the GMC Guidance in the form of declarations that certain paragraphs of the Guidance were unlawful. The court described that Mr Burke's fear was that ANH would be withdrawn before the final stages of his disease, and considered that 'there was no reason for him to have it': There are no grounds for thinking that those caring for a patient would be entitled to or would take a decision to withdraw ANH in such circumstances.
