Source: All England Reporter
Publisher Citation: [2013] All ER (D) 278 (Jun)
Court: Court of Protection
Judge:

Holman J

Representation Michael Mylonas QC for the NHS trust.
  Michael Horne for A.
  Sydney Chawatma for the husband.
Judgment Dates: 21 May 2013

Catchwords

Mental health - Patient - Medical treatment - SB suffering from symptoms of bipolar disorder - SB becoming pregnant - SB being compulsorily detained - SB seeking to have termination of pregnancy - Hospital claiming SB lacking capacity to have termination - Applicant NHS trust issuing proceedings - Whether SB lacking capacity to take decision of whether to terminate pregnancy - .

The Case

Mental health Patient. The respondent, SB, suffered from bipolar disorder. She was compulsorily detained. She was pregnant, and sought to have a termination. The Court of Protection held that, despite her circumstances, SB did not lack the capacity to make decisions about her desired termination, and a declaration would be made to that effect.

Practice Areas

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