Re A (children) [2000] 4 All ER 961

There were 2 conjoined twins, J and M. If they remained conjoined then both would die, while if they were separated only M would die.

CA say doctors have a duty to preserve M’s life (i.e. not operate), and duty to save J’s life (i.e. operate).

There is a clear difference, regarding necessity, with Dudley and Stephens since in that case Defendant was the judge as to the value of his own life as compared with others.

• In this case the doctors could make an impartial judgement and therefore decide on the basis of necessity/duress of circumstance that it was worth operating so that at least J would survive.