The Secretary of State of the Home Department v Skripal (2018) EWCOP 6

We have all been aware of the poisoning of Mr Skripal and his daughter in Salisbury, but what most us were not aware of was that their case had been brought to The Court of Protection by the Secretary of State of the Home Department in order to seek permission for the NHS Trust to take blood samples from them, and for the court to decide if it was in their best interests to do so, whilst they lay in intensive care unable to grant the authority themselves.

Mr Justice William stated in his judgment “The overall balance in the evaluation of the best interests of Mr Skripal and Ms Skripal assessed on a broad spectrum and taking account of the pros and cons of taking and testing the samples and disclosing the notes in my judgment falls very clearly in favour of the taking of the samples, their submission for analysis by OPCW and the disclosure of the medical notes to aid that process. In so far as it is necessary, it is also lawful and in their best interests that the existing samples are provided to OPCW for further testing.”