Aintree University Hospitals NHS Foundation Trust v James

JurisdictionEngland & Wales
JudgeLady Hale,Lord Neuberger,Lord Clarke,Lord Carnwath,Lord Hughes
Judgment Date30 October 2013
Neutral Citation[2013] UKSC 67
CourtSupreme Court
Date30 October 2013
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107 cases
3 firm's commentaries
  • Serious Medical Treatment: Court Of Protection Emphasises Need For No Delay
    • United Kingdom
    • Mondaq UK
    • 22 August 2019
    ...treatment was in the patient's best interest. As set out in the case of Aintree University Hospital NHS Foundation Trust - v- James (2013) UKSC 67, the Court has to look at welfare in the widest sense and not just medical factors. It is recommended that a balance sheet is used to weigh up t......
  • Children’s end of life decisions (UK).
    • United Kingdom
    • LexBlog United Kingdom
    • 16 July 2022
    ...been devolved to the clinical machinery, medication, and nursing care. The Court, applying Aintree University Hospital NHS Trust v James [2013] UKSC 67, concluded at [46]: This court has to ask itself whether continuation of ventilation in this case is in Archie’s best interests. It is with......
  • Health Alert (Australia) - 4 November 2013
    • Australia
    • Mondaq Australia
    • 26 November 2013
    ...Application opposed by the mother. 30 October 2013 - Aintree University Hospitals national health service (NHS) Foundation Trust v James [2013] UKSC 67 First case under the Mental Capacity Act 2005 to come before this Court. That Act provides for decisions to be made on behalf of people who......
11 books & journal articles
  • Hidden Law‐Making in the Province of Medical Jurisprudence
    • United Kingdom
    • Wiley The Modern Law Review No. 77-3, May 2014
    • 1 May 2014
    ...Aintree UniversityHospitals NHS Foundation Trust vDavid James (by his litigation friend, the Official Solicitor), May Jamesand Julie James [2013] UKSC 67.118 See the comments in R (Burke) vGeneral Medical Council n 114 above, eg at [13]–[14], [19], [21],[82] (Lord Phillips). See further belo......
  • The Rise of Statutory Wills and the Limits of Best Interests Decision‐Making in Inheritance
    • United Kingdom
    • Wiley The Modern Law Review No. 78-6, November 2015
    • 1 November 2015
    ...RB vBrighton & Hove City Council [2014] EWCA Civ 561.145 ibid at [87].146 Aintree University Hospitals NHS Foundation Trust vJames [2013] UKSC 67.147 ibid at [45]. See further, V. Sachdeva, A. Ruck Keene and V. Butler-Cole, ‘The MCA in theSupreme Court- Ref‌lections on Aintree vJames’ (2014......
  • PARENS PATRIAE AND PARENTAL RIGHTS: WHEN SHOULD THE STATE OVERRIDE PARENTAL MEDICAL DECISIONS?
    • United States
    • Journal of Law and Health Vol. 33 No. 1, September 2019
    • 22 September 2019
    ...J); E (A Child) [2018] EWCA (Civ) 550 (Eng.) (King LJ) (quoting Baroness Hale). (145) See Aintree University Hospital NHS Trust v. James [2013] UKSC 67 (Baroness Hale) ("The most that can be said, therefore, is that in considering the best interests of this particular patient at this partic......
  • From ‘Doctor Knows Best’ to Dignity: Placing Adults Who Lack Capacity at the Centre of Decisions About Their Medical Treatment
    • United Kingdom
    • Wiley The Modern Law Review No. 81-2, March 2018
    • 1 March 2018
    ...and State Intervention’ [2011] 70 Cambridge Law Journal 31.15 See, for example, Aintree University Hospitals Foundation Trust vJames [2013] UKSC 67 at [45].16 House of Lords Select Committee on the Mental Capacity Act 2005, Report of Session 2013–14Mental Capacity Act 2005: post-legislative......
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