Speakers
Rob Tobin
Dr Victoria Metaxa
Dr Clare Windsor
Chris Danbury
Stream 3
In this session, we will present ICU conflict cases that reached the courts. We will discuss the outcomes and their impact to our everyday practice. Finally, we will explore the feasibility of alternative dispute resolution routes.
Learning objectives:
Co-chairs: Clare Windsor and Victoria Metaxa
Rob is a medical lawyer with over 25 years’ experience. He leads Kennedys’ large healthcare team in Cambridge and is the firm’s Head of Medical Law. He is a strong advocate of advance care planning, keen to ensure autonomy and the individual remain at the heart of all medical decision-making. He advises NHS Trusts on all aspects of medical law, including medical negligence litigation; serious medical treatment decisions; end of life decisions; deprivation of liberty; judicial reviews; consent and capacity to treatment; and mental health law. He and his team advocate on behalf of healthcare organisations at coroners’ inquests, including complex Article 2 and Jury inquests. Rob lectures on mental health; mental capacity; medical treatment decisions; inquests; deprivation of liberty; and consent and writes articles on these subjects. He is the legal advisor to the Intensive Care Society’s Legal, Ethics and Advisory Group and is a member of the Cambridge University Hospital ethics committee. He sat on the Academy of Medical Royal Colleges’ Working Group drafting the 2025 Code of Practice for the definition and confirmation of death (2025). During the pandemic, Rob advised the National Executive Critical Care Committee on legal and ethical issues concerned with the treatment of patients in the NHS. Rob is a Trustee of North London Hospice.
Recent case highlights include:
Norfolk and Norwich University Hospitals NHS Foundation Trust & Ors v Tooke & Ors – Rob acted for 2 NHS Trusts in this case concerning Jordan Tooke, a 29 year old man with learning disabilities in need of dialysis and a kidney transplant, provision of which would potentially require restraint and sedation (up to GA) 3 times a week.
Patricia's Father & Ors v Patricia (by her litigation friend, the Official Solicitor) & Ors [2025] EWCOP 30 (T3) - Rob acted for the mental health trust in this high profile matter concerning a young person with a severe eating disorder alongside a personality disorder. The case concerned whether long term enforced treatment, to include restraint for NG feeding, could be provided in her best interests.
Cambridge University Hospitals NHS Foundation Trust (1) and Cambridgeshire & Peterborough NHS Foundation Trust (2) v RD 2022 – acting for the Trusts where a young adult in her mid-20s had fluctuating capacity. She was in a cycle of self-harm to such extent the High Court agreed it was in her best interests to provide no further lifesaving treatment in the event she self-harmed again and required such treatment, despite the fact life-saving treatment was available.
Cambridge University Hospitals NHS Foundation Trust v AH 2021 - Rob acted for the Trust in the very high profile case obtaining a declaration it was no longer in P’s best interests to receive ventilatory support and it was lawful for that to be withdraw. This case went to the Court of Appeal and concerned a 56 year old patient, who “in terms of the neurological impact and complications” was described as “the most complex COVID-19 patient in the world”.
Tafida Raqeeb v Barts Health NHS Trust and others 2019 – Rob acted for Barts in complex Judicial Review and medical treatment case concerning withdrawal of life sustaining treatment for 5 year old Muslim child, whose parents sought to take her to Italy for ongoing medical treatment.
Clare is a Consultant in ICM & Anaesthesia in Rotherham, South Yorkshire, having been appointed in 2014 and is a current ICS Council Member.
She has a keen interest in patient safety and governance, taking the lead for Critical Care Governance since 2015 and being an active member of the ICS Standards & Guidelines Committee.
She is a strong advocate for the care of young adults as they transition into the care of Adult Critical Care and was the lead author for the joint national guidelines between the ICS and PCCS (Paediatric to Adult Critical Care Transition).
Other interests include Organ Donation, having been a Clinical Lead for Organ Donation since 2019, and a representative of the ICS on the National Organ Donation Committee.
