Home > Research > Publications & Outputs > Anticipating issues with capacitous pregnant women

Research

Electronic data

  • Main_Document

    Rights statement: This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Medical Law Review following peer review. The definitive publisher-authenticated version Sara Fovargue, Anticipating Issues with Capacitous Pregnant Women: United Lincolnshire NHS Hospitals Trust v CD [2019] EWCOP 24 and Guys and St Thomas’ NHS Foundation Trust (GSTT) and South London and Maudsley NHS Foundation Trust (SLAM) v R [2020] EWCOP 4, Medical Law Review, 28, 4, is available online at: https://academic.oup.com/medlaw/article-abstract/28/4/781/5894048

    Accepted author manuscript, 463 KB, PDF document

    Available under license: CC BY-NC: Creative Commons Attribution-NonCommercial 4.0 International License

Links

Text available via DOI:

Keywords

View graph of relations

Anticipating issues with capacitous pregnant women: United Lincolnshire NHS Hospitals Trust V CD [2019] EWCOP 24 And Guys And St Thomas’ NHS Foundation Trust (GSTT) And South London And Maudsley NHS Foundation Trust (Slam) V R [2020] EWCOP 4

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Published
<mark>Journal publication date</mark>1/10/2020
<mark>Journal</mark>Medical Law Review
Issue number4
Volume28
Number of pages13
Pages (from-to)781–793
Publication StatusPublished
Early online date18/08/20
<mark>Original language</mark>English

Abstract

In United Lincolnshire NHS Hospitals Trust v CD and Guys and St Thomas’ NHS Foundation Trust (GSTT) and South London and Maudsley NHS Foundation Trust (SLAM) v R, the Court of Protection was asked to make anticipatory and contingent declarations relating to the obstetric care and mode of delivery for currently capacitous women who were near to their due date but not yet in labour. In this case note I explore the judges’ reasoning on the legal basis for these declarations. In so doing, I consider the wider implications of employing this seemingly new addition to the Court of Protection’s armoury.

Bibliographic note

This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Medical Law Review following peer review. The definitive publisher-authenticated version Sara Fovargue, Anticipating Issues with Capacitous Pregnant Women: United Lincolnshire NHS Hospitals Trust v CD [2019] EWCOP 24 and Guys and St Thomas’ NHS Foundation Trust (GSTT) and South London and Maudsley NHS Foundation Trust (SLAM) v R [2020] EWCOP 4, Medical Law Review, 28, 4, is available online at: https://academic.oup.com/medlaw/article-abstract/28/4/781/5894048