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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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Mental Capacity Law Cases
Re A No.2 (Children: Findings of Fact)
Summary The Court of Appeal has given important guidance, applicable by analogy, as to the approach to take to fact-finding hearings. The case concerned a second fact-finding hearing into the… Read more »
Barts NHS Foundation Trust v Begum and Raqeeb, and Raqeeb (by her children’s guardian)
Summary[1] This is the costs decision in the case concerning the medical treatment and best interests of Tafida Raqeeb, a five year old girl (‘Tafida’). We reported on the substantive… Read more »
Barts NHS Foundation Trust v Begum and Raqeeb, and Raqeeb (by her children’s guardian)
Summary This case concerned an application by the NHS Trust to terminate the appointment of Tafida Raqeeb’s litigation friend days before the final hearing of the judicial review proceedings ([2019]… Read more »
A Local Authority v B’s father et al
Summary On the heals of the Supreme Court’s deprivation of liberty ruling in Re D (A Child) [2019] UKSC 42, this is an important decision in childcare law. It concerned… Read more »
Re Z
Summary Morgan J had made a detailed substantive order on the papers in mixed health and welfare and property and affairs proceedings concerning Z. In that order: The court made… Read more »
TD and BS v KD and QD
Summary QD was a man in his 60’s who suffered from dementia connected with an atypical form of Parkinson’s disease. Until September 2019, he was living with his second wife,… Read more »
JK v A Local Health Board
Summary In this case, Lieven J had to grapple with the intersection between the MCA, the MHA and the inherent jurisdiction in addressing the question of whether it would be… Read more »
Re Various applications concerning foreign representative powers
Summary In this case, Senior Judge Hilder has returned to the somewhat complex issues that arise where an attorney seeks to use a power of representation granted in a foreign… Read more »
Bagguley v E
Summary that the Court of Protection can authorise (by the making of a decision under s.16 MCA 2005) the taking of a DNA sample to establish paternity. In this, he… Read more »
London Borough of Southwark v NP & Ors
Summary This case, concerned with the welfare of a 17 year with cerebral palsy and atypical anorexia, is of interest on the facts for the way in which the court… Read more »
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