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39 Essex Chambers is a leading set based in London, Manchester, Kuala Lumpur and Singapore. Our barristers offer a depth of expertise in a range of specialist sectors and practice areas.
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Monthly Archives: 07th February 2022
Mental Capacity Report – February 2022
Welcome to the February 2022 Mental Capacity Report. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: religion and the burdens of treatment; vaccine case… Read more »
Health, Welfare and Deprivation of Liberty Report – February 2022
In the Health, Welfare and Deprivation of Liberty Report: religion and the burdens of treatment; vaccine case law update; and making the decisions the person would have made. Click here… Read more »
Property and Affairs Report – February 2022
In the Property and Affairs Report: the scope of the powers under an LPA, and updated safeguarding guidance from the OPG. Click here to download the Property and Affairs Report…. Read more »
Practice and Procedure Report – February 2022
In the Practice and Procedure Report: vulnerable parties and witnesses, and covert recordings. Click here for the Practice and Procedure Report For all of our reports, newsletters and cases please… Read more »
Wider Context Report – February 2022
In the Wider Context Report: blood transfusions for teenage Jehovah’s Witnesses, s.117 ordinary residence and a new capacity guidance website. Click here for the Wider Context Report. For all of… Read more »
Mental Capacity Report: Scotland – February 2022
In the Scotland Report: DNACPRs and the relationship between medical decision-making and guardians’ decision, cross-border deprivations of liberty of children and guardians’ remuneration. Click here for the Mental Capacity Report… Read more »
Powers, defences and the ‘need’ for judicial sanction: an update
This paper looks at circumstances in which applications are needed to court in the context of moves of residence and medical treatment. To read this article please click HERE
New 39 Essex guidance note on deprivations of liberty for those under 18
The Children’s Commissioner for England has identified a growing number of “locked up” children who do not appear in official statistics whilst an ongoing national shortage of appropriate secure accommodation… Read more »
The Worcestershire Ordinary Residence Decision: what next?
On 22 December 2021, judgment was handed down in favour of the Secretary of State in the case of R (Worcestershire County Council) v Secretary of State for Health and… Read more »
Witness Statements: What’s new in 2022?
PD57AC has been in force for over 9 months. The courts have given guidance in a number of cases including: Mad Atelier International BV v Mr Axel Manes[2021] EWHC 1899… Read more »
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