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13 December 2013 / Charles Foster
Issue: 7588 / Categories: Features , Public , Human rights
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Taking an interest in best interests

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Charles Foster reports on a case that seeks to clarify best interests, in the best interests of clarity

The Mental Capacity Act 2005 (MCA 2005) has reached the Supreme Court for the first time. Airedale NHS Trust v Bland [1993] AC 789, [1993] 1 All ER 821 has been revisited. As a result, Bland has been endorsed, as has the Code of Practice under the Act.

Bland could only ever be re-examined in circumstances of great tragedy. The tragedy here was that of David James and his family: see Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67, [2013] All ER (D) 339 (Oct). James had been treated successfully for colon cancer, but there were subsequent complications. He had a stroke, a cardiac arrest, recurring infections, septic shock and multiple organ failure. A tracheostomy was performed. At the time of the hearing before the judge of first instance (Mr Justice Peter Jackson), James had a type of mechanically supported breathing for 12 hours a day, and received

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Haynes Boone—Jeremy Cross

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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