View source for Re AB (Termination of Pregnancy) (2019) EWCA Civ 1215

{{Case
|Date=2019/07/11
|NCN=[2019] EWCA Civ 1215
|ICLR=[2019] WLR(D) 390
|Other citations=[2019] 1 WLR 5597, [2019] WLR 5597
|Court=Court of Appeal (Civil Division)
|Judges=McCombe, King, Peter Jackson
|Parties=An NHS Foundation Trust, AB, CD, A Local Authority
|Judicial history first case=An NHS Foundation Trust v AB (2019) EWCOP 26
|Sentence=Abortion
|Summary="The requirement is for the court to consider both wishes and feelings. The judge placed emphasis on the fact that AB's wishes were not clear and were not clearly expressed. She was entitled to do that but the fact remains that AB's feelings were, as for any person, learning disabled or not, uniquely her own and are not open to the same critique based upon cognitive or expressive ability. AB's feelings were important and should have been factored into the balancing exercise alongside consideration of her wishes. ... [I]n my judgement, she clearly gave inadequate weight to the non-medical factors in the case, while the views expressed by the doctors were necessarily significantly predicated upon imponderables. In the end, the evidence taken as a whole was simply not sufficient to justify the profound invasion of AB's rights represented by the non-consensual termination of this advanced pregnancy."
|Subject=Medical treatment cases
|News=Yes
|RSS pubdate=2020/02/25 10:56:48 AM
}}