An NHS Foundation Trust v AB [2019] EWCOP 26

Abortion "This is an application by the NHS Trust for an order in respect of a 24 year old woman AB who is 22 weeks pregnant and, who the Trust say lacks capacity and in whose best interests it is said to have a termination of pregnancy. ... I would like to record my unhappiness about the lateness of this application. AB is now estimated to be 22 weeks pregnant and therefore the cut-off date under the Abortion Act 1967 of 24 weeks is imminent. ... I am acutely conscious of the fact that for the state to order someone to have a termination, where it appears that they do not want it, is immensely intrusive and certainly interferes with her Article 8 rights. ... In my view the balance in terms of AB's best interests lies in her having the termination."

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This case's neutral citation number appears in the following newsletters:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 99, November 2019)

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Medical treatment cases🔍

Date: 21/6/19🔍

Court: Court of Protection🔍

Judicial history:

• Re AB (Termination of Pregnancy) [2019] EWCA Civ 1215
• An NHS Foundation Trust v AB [2019] EWCOP 26

Judge(s):

• Lieven🔍

Parties:

• An NHS Foundation Trust🔍
• AB🔍
• CD🔍
• A Local Authority🔍

Citation number(s):

• [2019] EWCOP 26^B

What links here:

• Re AB (Termination of Pregnancy) [2019] EWCA Civ 1215

Published: 25/2/20 10:55

Cached: 2024-11-21 16:42:14