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(Transcript of the Handed Down Judgment of Smith Bernal Wordwave Limited, 190 Fleet Street London EC4A 2AG Tel No: 020 7421 4040, Fax No: 020 7831 8838 Official Shorthand Writers to the Court)
Paul Bowen (instructed by Scott-Moncrieff & Sinclair) for the Claimant Steven Kovats (instructed by Department of Health) for the Defendant ____________________
The allegations have always been denied by Mr. B. However they are accepted as true by M's clinical team. Her current responsible medical officer, Doctor Hindson, states:
The "nearest relative" means the person first described in sub-section 1 who is for the time being surviving, relatives of the whole blood being preferred to relatives of the same description of the half blood and the elder or eldest of two or more relatives described in any paragraph of sub-section (1) being preferred to the other or others of those relatives, regardless of sex: section 26(3).
It is a striking feature of these provisions that the patient cannot apply to remove or change the nearest relative.
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Common Room
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