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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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Harneys—Maggie Kwok & George Weston

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NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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