The Court of Appeal ruled that there was no property in the body or its parts. An exception is made if the material gains special attributes as a result of the application of work and skill. Section 32(9)(c) of the HTA 2004 now endorses the Dobson/Kelly principle.

This concerned blood testing and removal of bone marrow from an adult who lacked capacity for a bone marrow transplant for her sister.

On the facts of the case, the court concluded that donation of bone marrow would be in the best interests of the woman who lacked capacity, on the grounds that it would improve her relationship with her sister and also facilitate frequent visits by the mother to the individual. In view of the ‘benefit’ to the person, the procedure was authorised.