- Cited — VA (Medical Treatment), Re 2023-10-13
“…judge then set out the relevant legal principles, citing passages from Burke v GMC [2005] EWCA Civ 1003, A Local Authority v JB [2021] UKSC 52, Aintree v James [2014] AC 591, and his own observations in NW London CCG v GU [2021] EWCOP 59. He identified the statutory principles in the 2005 Act relating to best interest in s.1(5), s.…”
- Cited — E v Northern Care Alliance NHS Foundation Trust 2021-12-14
“… on the patient as an individual and takes account of all the circumstances, medical and non-medical: Aintree University Hospitals NHS Foundation Trust v James [2014] AC 591 at [23].…”
- Cited — Re AH 2021-11-25
“…icable law”. No criticism is made of his summary which includes reference to the MCA 2005 Code of Practice and to Aintree University Hospitals NHS Trust v James[2014] AC 591. The Judge quotes paragraph 5.31 of the former which states:…”
- Cited — Parfitt v Guy's and St Thomas' Children's NHS Foundation Trust & Anor 2021-03-19
“…rom a child, the principles were succinctly summarised by Baroness Hale of Richmond in Aintree University Hospital NHS Foundation Trust v James [2013] UKSC 67, [2014] AC 591, a case concerning an adult patient receiving clinically-assisted nutrition and hydration. At paragraph 22 she said:…”
- Considered — AB (Termination of Pregnancy), Re 2019-07-11
“…In the leading case of Aintree University Hospital v NHS Foundation Trust v James [2013] UKSC 67, [2014] AC 591 the Supreme Court considered the proper approach to ‘best interests’ with reference to the report of the Law Commission on which the MCA is based. Lady Hale sa…”