A woman fighting a legal battle to ensure doctors revive her terminally ill baby son if his condition deteriorates has accepted that he cannot recover, the high court was told this afternoon.

The core of the case, according to high court judge Dame Elizabeth Butler-Sloss, is what sort of care Luke Winston-Jones, aged nine months, should have for the rest of his life.

She told the court: "It is important to point out that there is agreement that this baby cannot recover. It is very sad to have to say that he has an incurable genetic disease.

"What we are talking about is what sort of care he should have for the rest of his life, which doctors think is going to be short - how short, nobody knows. It may have already been prolonged by the admirable care of the mother and the admirable care of nursing and medical staff."

She said that babies like Luke, who has been diagnosed with Edwards syndrome, a condition which affects growth, have a life expectancy of a year. The judge said: "Palliative care will preserve Luke's life a little longer, but cannot cure him." The aim, she said, was "to make the rest of his short life as comfortable as it can be and not cut it short and not unduly prolong it in ways which may be inappropriate for a baby - who is a person and who has rights".

The case is being brought by the two hospitals responsible for the care of Luke - the Royal Liverpool Children's NHS Trust and North West Wales NHS Trust -which are asking the court to decide that the doctors' wishes, not to resuscitate Luke if his condition deteriorates, should be upheld.

Philip Havers QC, for the trusts, told the judge this afternoon that there were now "a number areas of agreement". One of the proposals was for both trusts to work towards putting in place an appropriate palliative care plan, with the proposition that Luke goes home if possible, and if it is in his best interests to do so. The case is expected to finish tomorrow.