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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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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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