Aintree University Hospitals NHS Foundation Trust v James

Subject Matter

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, ss 1(5), 4(10)

[2013] UKSC 67; [2014] AC 591; [2013] 3 WLR 1299; [2014] 1 All ER 573; [2013] WLR (D) 421; Case details, SC(E)

Appellate History