Aintree University Hospitals NHS Foundation Trust v James

Core Citations

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CONSIDERS

• Mental Capacity Act 2005 - Articles : S-5
• Medical Act 1983 - Articles : S-35
• Mental Capacity Act 2005

[See more]

• Re J (A Minor) (Wardship: Medical Treatment)
• Airedale NHS Trust v Bland

REFERS TO

• Re S (Sterilisation: Patient's Best Interests)
• Portsmouth Nhs Trust v Wyatt and Wyatt (Southampton Nhs Trust Intervening)
• Re B (A Minor) (Wardship: Medical Treatment)

RESUELVE RECURSO

• Aintree University Hospitals NHS Foundation Trust v David James (by his Litigation Friend, the Official Solicitor) and Others

AFFIRMS

• Aintree University Hospitals NHS Foundation Trust v David James (by his Litigation Friend, the Official Solicitor) and Others

CITES

• R (Burke) v General Medical Council
• Re J (A Minor)
• Re W (A Child) (Medical Treatment: Best Interests)

[See more]

• B (A Child)
• Re M (Adult Patient) (Minimally Conscious State: Withdrawal of Treatment) [Court of Protection]
• Re Wyatt (A Child) (medical treatment: parents' consent)
• R v Cambridge Health Authority, ex parte B
• W Healthcare Nhs Trust v H
• Re F (Mental Patient: Sterilisation); F v West Berkshire HA

CITED in

• Bolton NHS Foundation Trust v C (by her Children's Guardian) and Others
• Gloucestershire Clinical Commissioning Group v AB (by his litigation friend, the Official Solicitor) and Another
• County Durham & Darlington NHS Foundation Trust v PP (by her litigation Friend, the Official Solicitor) and Another

[See more]

• R David Tracey (personally and on behalf of the Estate of Janet Tracey (Deceased)) v (1) Cambridge University Hospitals NHS Foundation Trust (First Respondent) (2) Secretary of State for Health (Second Respondent) Equality and Human Rights Commission (Intervener)
• United Lincolnshire Hospitals NHS Trust v N (by her litigation friend the Official Solicitor)
• A Clinical Commissioning Group v AF (by his litigation friend the Official Solicitor)
• United Lincolnshire Hospitals NHS Foundation Trust v Q (by her litigation friend, the Official Solicitor)
• Secretary of State for Justice v KC and C Partnership NHS Foundation Trust
• M v N (by her litigation friend, the Official Solicitor) and Others
• H (Children)
• Re AA (Court of Protection: Capacity to Consent to Sexual Practices) v A Local Authority
• Cambridge University Hospitals Nhs Foundation Trust v Bf (by Her Litigation Friend, The Official Solicitor)
• St George's Healthcare NHS Trust v P (by his litigation friend, the Official Solicitor) (First Respondent) Q (Second Respondent)
• P (Sexual Relations and Contraception) v.2
• The Mental Health Trust and Another v DD (by her litigation friend, the Official Solicitor) and Another
• VA (Medical Treatment)
• A NHS Foundation Trust v Ms X (by her Litigation Friend, the Official Solicitor)
• X NHS Trust v Mr B (by his litigation friend, the Official Solicitor)

REFERRED in

• County Durham & Darlington NHS Foundation Trust v SS (by her Children's Guardian, Anne Hutson) and Others
• Barnsley Hospital NHS Foundation Trust v MSP (by his litigation friend the Official Solicitor)
• Warrington and Halton Hospitals NHS Foundation Trust v GTI (by his litigation friend, the Official Solicitor)

[See more]

• Re Briggs (Incapacitated Person)
• Birmingham Women's and Children's NHS Foundation Trust v J
• Sherwood Forest Hospitals NHS Foundation Trust v H (by her litigation friend the Official Solicitor)
• Hounslow Clinical Commissioning Group v RW (by his litigation friend, the Official Solicitor)
• Hull University Teaching Hospitals NHS Trust v KD (by her litigation friend, the Official Solicitor)
• Secretary of State for the Home Department v Skripal
• Re Briggs (Incapacitated Person) (Medical Treatment: Best Interests Decision) (No 2)
• FL v MJL (by his Litigation Friend, the Official Solicitor)
• J (by his Litigation Friend, the Official Solicitor) v Luton Borough Council
• Rotherham and Doncaster and South Humber NHS Foundation Trust v NR (by her litigation friend, the Official Solicitor)
• Re AB (Termination of Pregnancy)
• NHS Trust v Mr Y (by his Litigation Friend, the Official Solicitor) and Another
• PZ (A Child)
• Re A (A Child)
• Cambridge University Hospitals NHS Foundation Trust v AH and Others (Serious Medical Treatment)
• Paula Parfitt v Guy's and St Thomas' Children's NHS Foundation Trust
• E v Northern Care Alliance NHS Foundation Trust
• Re Gard (A Child) (Child on Life Support: Withdrawal of Treatment)
• Sheffield Teaching Hospitals NHS Foundation Trust v AB
• Re- AH
• Birmingham Women's and Children's NHS Foundation Trust v JB
• Cambridge University Hospitals NHS Foundation Trust v Mother of E
• Re in (Withdrawal of CANH) v Hillingdon Hospitals NHS Foundation Trust
• Sherwood Forest Hospitals NHS Foundation Trust v C (by her litigation friend the Official Solicitor) Nottinghamshire Healthcare NHS Foundation Trust
• Re PW (Jehovah's Witness: Validity of Advance Decision) v University Hospitals Birmingham NHS Foundation Trust
• Alder Hey Children's NHS Foundation Trust v (1) Mr Thomas Evans
• Guy's and St Thomas' NHS Foundation Trust v Mrs VA (by her litigation friend, the Official Solicitor)
• Jj (1), Jj (2)
• R (on the application of Nicklinson and another) v Ministry of Justice; R (on the application of AM) v DPP
• R David Tracey (Personally and on Behalf of the Estate of Janet Tracey (Deceased)) v Cambridge University Hospitals NHS Foundation Trust (1st Respondent) Secretary of State for Health (2nd Respondent) Equality and Human Rights Commission (1st Intervener) Resuscitation Council (UK) (2nd Intervener)
• Health Service Executive v J.M. A Ward of Court
• MN (Adult)
• N v A Clinical Commissioning Group and Others
• FS v RS
• Mrs Fixsler v Manchester University NHS Foundation Trust
• Tafida Raqeeb (by her Litigation Friend XX) v Barts NHS Foundation Trust
• Lewisham and Greenwich NHS Trust v PG (by the Official Solicitor as her Litigation Friend)
• An NHS Trust and Others v Y (by his litigation friend, the Official Solicitor) and another

APPLIED in

• Kirklees Council v RE (First Respondent) SE (by his Guardian, Steven Anderson) (Second Respondent) Leeds Teaching Hospital NHS Trust (Third Respondent)
• Manchester University NHS Foundation Trust v William Verden (by His Litigation Friend, The Official Solicitor)
• CWM TAF University v F

CONSIDERED in

• A Clinical Commissioning Group v AF (by his litigation friend the Official Solicitor)
• University Hospitals Bristol NHS Foundation Trust v ED (by her litigation friend, the Official Solicitor)
• United Lincolnshire Hospitals NHS Foundation Trust v Q (by her litigation friend, the Official Solicitor)

[See more]

• NHS Tameside & Glossop CCG v SR
• An NHS Trust v W (Father) and W (Mother) X (a Child, by His Children's Guardian) (2nd Respondent)
• Rotherham Metropolitan Borough Council v ZZ
• The Newcastle Upon Tyne Hospitals NHS Foundation Trust v H (A Child by his Cafcass Guardian)
• Re AC and GC (Capacity: Hoarding: Best Interests)
• Barts Health NHS Trust v Hollie Dance
• Re AA (Court of Protection: Capacity to Consent to Sexual Practices) v A Local Authority
• Great Ormond Street Hospital for Children NHS Foundation Trust v MX
• Sheffield Teaching Hospital NHS Foundation Trust v TH and Another
• FL v MJL (by his Litigation Friend, the Official Solicitor)
• J (by his Litigation Friend, the Official Solicitor) v Luton Borough Council
• The Queen (on the application of LF) v HM Senior Coroner for Inner South London King's College Hospital Nhs Foundation Trust (Interested Party)
• Rotherham and Doncaster and South Humber NHS Foundation Trust v NR (by her litigation friend, the Official Solicitor)
• PZ (A Child)
• VA (Medical Treatment)
• London Borough of Redbridge v SNA
• Mr A v H Ltd as trustee of the G Trust
• Minister for Health and Social Services v B
• MA (by her litigation friend the Official Solicitor) v Gateshead Council
• Sheffield Teaching Hospitals NHS Foundation Trust v AB
• Re- AH
• Birmingham Women's and Children's NHS Foundation Trust v JB
• Re PC
• Re in (Withdrawal of CANH) v Hillingdon Hospitals NHS Foundation Trust
• Sherwood Forest Hospitals NHS Foundation Trust v C (by her litigation friend the Official Solicitor) Nottinghamshire Healthcare NHS Foundation Trust
• Cornwall Council v NP (by his litigation friend, the Official Solicitor)
• Guy's and St Thomas' NHS Foundation Trust v Mrs VA (by her litigation friend, the Official Solicitor)
• Jj (1), Jj (2)
• Angela Forbes-Mayers (A Patient) v Greddis Forbes
• Hollie Dance v Barts Health NHS Trust
• The Children's Advocate v R.H.
• Avon and Wiltshire Mental Health Partnership v WA
• Lewisham and Greenwich NHS Trust v PG (by the Official Solicitor as her Litigation Friend)
• Northampton General Hospital NHS Trust v Jessica Mercer
• XY (Withdrawal of Treatment)

FOLLOWED in

• A Local Health Board v Y (by his Children's Guardian) and Others
• The Mental Health Trust and Others v DD (by her litigation friend, the Official Solicitor) BC

DISTINGUISHED in

• Hugh Adrian Scott Jones v Mr Jason Parkin (First Respondent) Miss Margaret Lynne Parkin (Second Respondent) Mrs Janet Miller (Third Respondent) Mrs Margaret Phyllis Johnson (Fourth Respondent) Mrs Gladys Meek (by her Litigation Friend, the Official Solicitor) (Fifth Respondent)

REPORTED OPINION OF in

• [2014] Med LR 1
• [2013] WLR D 421
• [2014] Fam CR 153

[See more]

• [2014] 135 BMLR 1
• [2013] NR Uned 163
• [19/11/2013] TLR 1
• [2013] 3 WLR 1299
• [2014] AC 591

This document cites

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• R v Cambridge Health Authority, ex parte B
• Airedale NHS Trust v Bland
• Re B (A Minor) (Wardship: Medical Treatment)
• Re Wyatt (A Child) (medical treatment: parents' consent)
• Aintree University Hospitals NHS Foundation Trust v David James (by his Litigation Friend, the Official Solicitor) and Others



See all quotations

• Re S (Sterilisation: Patient's Best Interests)
• Portsmouth Nhs Trust v Wyatt and Wyatt (Southampton Nhs Trust Intervening)
• W Healthcare Nhs Trust v H
• Re J (A Minor) (Wardship: Medical Treatment)
• Re J (A Minor)
• R (Burke) v General Medical Council
• Re M (Adult Patient) (Minimally Conscious State: Withdrawal of Treatment) [Court of Protection]
• Re W (A Child) (Medical Treatment: Best Interests)
• Re F (Mental Patient: Sterilisation); F v West Berkshire HA
• Mental Capacity Act 2005
• Medical Act 1983
• B (A Child)
• Moorehead Shipping Pty Ltd v Chief Collector of Taxes [1990]