ABSTRACT
This chapter examines the four aspects of the Court of Appeal's judgment identified, along with the relationship between refusing life-prolonging treatment and assisted suicide. It considers how the approach of English law compares with those adopted in other jurisdictions. The chapter examines these issues using the Principle of Generic Consistency (PGC). It relies on the distinction between competence and capacity drawn. Re MB was a major decision for the common law capacity test. In Re MB, Butler-Sloss LJ pointed out that the Abortion Act 'gives precedence to the health of the mother over the unborn child'. The judgment in Re MB concluded by setting down procedural guidance 'to be followed when the medical profession feel it necessary to seek declarations from the courts'. The Court of Appeal reiterated and re-expressed the guidance in Re MB and emphasised that a hearing without the patient being involved or represented could in no way protect the hospital.
