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Drilldown: Cases

So far 267 cases have been added to the database, out of 2092 total cases on the website. To see the full list of cases go to the Mental health case law page.

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Cases > Subject : Bias or Inherent jurisdiction cases or LGO decisions or None & Parties: South London and Maudsley NHS Foundation Trust

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Page name Sentence Summary
Guy's and St Thomas' NHS Foundation Trust v R (2020) EWCOP 4

Contingent/anticipatory declarations - MCA/inherent jurisdiction - Caesarean section

R had capacity to make decisions as to her ante-natal and obstetric care but there was a risk that she would lose capacity during labour and refuse a Caesarean section. (1) MCA 2005 s16 (Powers to make decisions and appoint deputies: general) applies only to those who currently lack capacity. (2) MCA 2005 s15 (Power to make declarations) is not so limited and so can authorise contingent declarations. (3) Deprivation of liberty cannot be authorised by s15 but the inherent jurisdiction may be utilised to fill that lacuna which would otherwise render the s15 power nugatory.

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