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08 November 2013
Issue: 7583 / Categories: Case law , Law reports , In Court
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Mental health—Persons who lack capacity—Withholding of treatment

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Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67

Supreme Court, Lord Neuberger P, Lady Hale DP, Lord Clarke, Lord Carnwath and Lord Hughes SCJJ, 30 October 2013

The Supreme Court has reviewed the principles under the Mental Capacity Act 2005 for determining whether a patient lacks capacity to consent to or refuse treatment of any kind and whether it would be in his best interests for specified treatments to be withheld in the event of a clinical deterioration. 

Ian Wise QC, Stephen Broach and Sam Jacobs (instructed by Jackson and Canter) for DJ. Lord Pannick QC and Vikram Sachdeva (instructed by Hill Dickinson LLP) for the Trust. Alex Ruck Keene and Victoria Butler-Cole (instructed by Bevan Brittan LLP) for the interveners.

The proceedings concerned a patient, DJ. He was admitted to hospital in May 2012, aged around 68. He suffered very severe conditions including a stroke, with severe neurological damage, and he was completely dependent on artificial ventilation

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