Cardiff University | Prifysgol Caerdydd ORCA
Online Research @ Cardiff 
WelshClear Cookie - decide language by browser settings

The place of wishes and feelings in best interests decisions: Wye Valley NHS Trust v Mr B

Series, Lucy ORCID: 2016. The place of wishes and feelings in best interests decisions: Wye Valley NHS Trust v Mr B. The Modern Law Review 79 (6) , pp. 1101-1115. 10.1111/1468-2230.12233

[thumbnail of Series_2016_Wye_Valley_case_note.pdf]
PDF - Accepted Post-Print Version
Download (677kB) | Preview


In Wye Valley NHS Trust v Mr B the Court of Protection decided that it was not in the best interests of Mr B to receive amputation surgery against his will, notwithstanding that he would die without the treatment. The judge met with Mr B in person and his best interests decision placed significant weight on Mr B's wishes and feelings. This case note considers this influential case in the context of ongoing debate about the place of wishes and feelings in best interests decisions under the Mental Capacity Act 2005. It considers the history of the best interests principle, its interpretation by the Supreme Court in Aintree University Hospitals NHS Foundation Trust v James, ongoing debates about its compatibility with Article 12 of the United Nations Convention on the Rights of Persons with Disabilities, and recent proposals by the Law Commission for statutory amendments to the Mental Capacity Act.

Item Type: Article
Date Type: Published Online
Status: Published
Schools: Law
Subjects: R Medicine > RA Public aspects of medicine > RA1001 Forensic Medicine. Medical jurisprudence. Legal medicine
Publisher: Wiley-Blackwell
ISSN: 0026-7961
Date of First Compliant Deposit: 6 July 2017
Date of Acceptance: 30 March 2016
Last Modified: 06 Nov 2023 19:34

Citation Data

Cited 8 times in Scopus. View in Scopus. Powered By Scopus® Data

Actions (repository staff only)

Edit Item Edit Item


Downloads per month over past year

View more statistics