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Information for "An NHS Trust v P (2021) EWCOP 27"

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Display titleAn NHS Trust v P [2021] EWCOP 27
Default sort keyAn NHS Trust v P (2021) EWCOP 27
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Page creatorJonathan (talk | contribs)
Date of page creation21:10, 1 May 2021
Latest editorJonathan (talk | contribs)
Date of latest edit11:55, 8 October 2021
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P's psychiatrist initially stated that P lacked subject matter capacity (whether to take HIV medication) yet had litigation capacity. (1) The judge: (a) disagreed with the proposition that if a person lacks capacity to conduct proceedings as a litigant in person she might, nevertheless, have capacity to instruct lawyers to represent her and that the latter capacity might constitute capacity to conduct the litigation in question; (b) thought it virtually impossible to conceive of circumstances where someone lacks capacity to make a decision about medical treatment, but yet has capacity to make decisions about the manifold steps or stances needed to be addressed in litigation about that very same subject matter (it would be as rare as a white leopard). (2) On the facts, P lacked both subject matter capacity and litigation capacity.
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