Moreton, K (2014) Gillick Reinstated: Judging Mid-Childhood Competence in Healthcare Law: An NHS Trust v ABC & A Local Authority [2014] EWHC 1445 (Fam). Medical Law Review, 23 (2). 303 -314. ISSN 1464-3790

[img]
Preview
Text
Commentary Gillick Reinstated.pdf - Accepted Version
Available under License Creative Commons Attribution Non-commercial.

Download (217kB) | Preview

Abstract

This case commentary discusses a recent case concerning the competence of a 13-year-old girl to consent to the termination of her pregnancy. It critically analyses four specific elements of the judgment—Gillick competence, the impact of best interests, judicial deference to medical opinion, and individualism and the construction of undue influence. It concludes by commending the approach taken by the court as a reinstatement of the law as originally intended in Gillick but is nonetheless cautious as to its likely overall effect upon child decision-making.

Item Type: Article
Additional Information: This is the accepted author manuscript (AAM). The final published version (version of record) is available online via Oxford University Press at https://doi.org/10.1093/medlaw/fwu033 - please refer to any applicable terms of use of the publisher.
Uncontrolled Keywords: Abortion, Best interests, Children's decision-making, Gillick competence, Medical opinion, Relational reasoning
Subjects: R Medicine > RA Public aspects of medicine > RA1001 Forensic Medicine. Medical jurisprudence. Legal medicine
Divisions: Faculty of Humanities and Social Sciences > School of Law
Depositing User: Symplectic
Date Deposited: 28 Apr 2017 09:02
Last Modified: 28 Apr 2017 09:02
URI: http://eprints.keele.ac.uk/id/eprint/3314

Actions (login required)

View Item View Item