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A Test Case

Andy Howells

4th February 2014

The BBC Radio 4 series Test Case is shaping up as a great resource for studying law at A Level if today's episode on the case of Re C is anything to go by.Re C is a landmark case from 1993 which established a three-part test for deciding the issue of whether a person has sufficient capacity to make their own decisions on their medical treatment.The case involved a schizophrenia sufferer in Broadmoor hospital who it was thought required an amputation of the foot to prevent gangrene spreading.This case represents a move away from a paternalist approach and towards personal autonomy, which can also be seen in the subsequent .Mental Capacity Act (2005). Interesting in its own right, as an example of codification, and also for those of you teaching Tort on the AQA syllabus, for the link to medical care.The show is available on iPlayer for 7 days. Cracking stuff!

Andy Howells

Andy Howells is Head of Law at a large northern Sixth Form College and a former solicitor.

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