Should surgery be delayed while the legal framework relating to capacity is established?
SJ Hilder’s view was that it would be wrong for planned surgery to be delayed while legal framework issues were resolved. The judge ran this hearing with clinical precision, setting out clearly what her expectations were and fixing firm deadlines by which actions needed to have been completed, and making it evident to representatives when she was less than pleased with their response (eg “it’s not helpful to be told a party has not yet made its mind up”).
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