I just ran into the case of KW, a 52-year-old woman who suffered a brain haemorrhage during an operation at age 34. A complicated matter. Am still reading and mulling it all.
http://www.bailii.org/ew/cases/EWCOP/2014/45.html
http://www.bailii.org/ew/cases/EWCA/Civ/2015/1054.html
http://www.marilynstowe.co.uk/2015/10/22/when-a-judge-disagrees-with-precedent/