Case Law

Best interests, the meaning of futility and the person’s subjective wishes: Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67

In the Hospital Sick Male Patient Sleeps on the Bed. Heart Rate Monitor Equipment is on His Finger Photo: Gorodenkoff/AdobeStock

Introduction

By Tim Spencer-Lane Introduction The decision in Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67 was a landmark legal judgment. It was the first time that the Supreme Court, the highest court in the land, had considered the Mental Capacity Act 2005 (MCA). And it was an opportunity for Lady Hale, who […]

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