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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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AMDC v AG & Anor
This decision serves as an important reminder of how demanding the process of assessing and reporting upon capacity is – or should be. The case concerned a 68 year old woman,… Read more »
University Hospitals of Leicester NHS Trust v TC & Ors
In this case, Cobb J was required to consider an urgent application for a best interests decision with respect to carrying out chemoradiotherapy and an endoscopic resection and/or tracheostomy (as… Read more »
A Local Authority v GP (Capacity – Care, Support and Education)
In this case, HHJ Dodd helpfully turned the eye of Sauron onto three areas of capacity that have not previously been the subject of judicial consideration. The court had to… Read more »
Northamptonshire Healthcare NHS Foundation Trust v AB
Summary This case concerned a 28 year old woman, referred to as AB, who had suffered from anorexia nervosa since the age of 13. At the time of the application… Read more »
King v The Wright Roofing Company Ltd
Summary In this personal injury case, Kerr J had to decide whether the claimant had capacity to conduct the proceedings, and whether he had capacity to manage his property and… Read more »
Re SB (Capacity Assessment)
Summary This case is the sequel to the decision [2020] EWCOP 32 that we reported previously, concerning a 30-year-old woman with moderate intellectual disability. In May 2020, HHJ Richardson made… Read more »
University Hospital Coventry and Warwickshire NHS Trust v K and Mrs W
In Avon and Wiltshire Mental Health Partnership v WA & Anor [2020] EWCOP 37, Hayden J had to consider the capacity of a young Palestinian man to make decisions about… Read more »
London Borough of Tower Hamlets v PB
Summary This decision deals with the thorny question of capacity in the context of alcohol dependence. The central issue was whether PB, a 52 year old man with a history… Read more »
A Local Authority v RS
A Local Authority v RS [2020] EWCOP 29 concerned a man in his mid-20s with autism and mild learning disability. As a child he was exposed to domestic and alcohol… Read more »
A Local Authority v JB
Summary The Court of Appeal has made clear that we have been asking the wrong question in relation to sexual relations. The issue arose in the context of proceedings concerning… Read more »
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