Consent guidance: Legal annex

This section sets out some of the key elements of the law that deal with medical decisions, risk, capacity and consent.

It is not intended to be a comprehensive list of relevant case law and legislation, nor is it a substitute for independent, up-to-date legal advice.

The cases cited are all relevant cases heard under English law. Although they are not binding in Scotland and Northern Ireland, they have ‘persuasive authority’, and are generally followed by the courts in these jurisdictions.


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