Facts: Brent placed Mr Shafi, who lacked mental capacity, at an Aster nursing home, but then indicated to the nursing home that, in its view, Mr Shafi was a self-funder. Mr Shafi’s family refused to sign a contract. Aster sued the estate for substantial unpaid fees.

Judgment: the Court of Appeal (Lord Dyson MR, Beatson and Briggs LJJ) held that, on the facts, the contract remained between Aster and Brent, including having regard to the statutory context, which required Brent to continue to make arrangements until Mr Shafi had a deputy or some other person appointed to act on his behalf. It was a question of fact, for trial, whether or not Aster could recover under section 7 of the Mental Capacity Act 2005 (‘s7(1): If necessary goods or services are supplied to a person who lacks capacity to contract for the supply he must pay a reasonable price for them’): on the authorities, it would depend whether Aster supplied services to Mr Shafi in circumstances in which it intended that Mr Shafi or the local authority or Mrs Shafi should pay for them.