The Law Reports (Appeal Cases)
[2014] AC 591
Supreme Court
Aintree University Hospitals NHS Foundation Trust v James and others
[2013] UKSC 67
2013 July 24;
Oct 30
Lord Neuberger of Abbotsbury PSC, Baroness Hale of Richmond DPSC, Lord Clarke of Stone-cum-Ebony, Lord Carnwath, Lord Hughes JJSC
Medical practitioner— Medical treatment— Patient lacking capacity— NHS trust seeking declarations that withdrawal of certain treatments from critically ill patient lacking capacity in his best interests and lawful— Guidance on correct approach to determining best interests— Whether court to consider whether treatment rather than its withdrawal in patient’s best interests— Whether test objective or subjective— Weight to be attached to patient’s wishes— Whether court to consider whether treatment worthwhile in interests of patient’s general well-being and overall health— Whether declarations correctly granted—
Mental Capacity Act 2005 (c 9), ss 1(5), 4(10)