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 clinically assisted nutrition and hydration through a nasogastric tube.
