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Welcome to 39 Essex Chambers
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 JB (Costs)
In this case, the Court of Protection had been asked to take aggressive steps in terms of service provision. In Re JB, the local authority applicant in question had gone… Read more »
P v Griffith
Summary In a very unusual case, the Court of Protection has sentenced a woman, a Ms Griffith, to 12 months imprisonment for forging a court order so as to obtain… Read more »
PLK & Ors (Court of Protection: Costs)
Summary In an important decision, the Senior Court Costs Office has looked at the method of assessment of the hourly rates claimed by Deputies and, in particular, at whether those… Read more »
FS v RS and JS
As Sir James Munby noted at the outset of his judgment in FS v RS and JS [2020] EWFC 63: “[t]his is a most unusual case. Indeed, so far as… Read more »
Penntrust Ltd v West Berkshire District Council & Anor
Summary Senior Judge Hilder has returned to the vexed question of Practice Direction 19B and fixed costs in the Court of Protection. In its current iteration, PD19B provides that “where the… Read more »
DP v LB Hillingdon
Summary[1] In this case, Hayden J has clarified what the court is to do on an s.21A application where it has doubt as to whether it can, on the evidence… Read more »
Re AB
Summary In this case, Senior Judge Hilder had to grapple with two difficult questions in the context of the Court of Protection’s international jurisdiction. The first was whether she should… Read more »
Re LW
In this case Hayden J was concerned with a 60-year-old woman, LW. She had been admitted to a specialist unit, initially detained under the MHA 1983, in a “truly parlous… Read more »
Cornwall Council v NP and BKP
Summary These reconstituted s.21A MCA proceedings concerned a 69-year-old man who, married for 35 years, collapsed in the marital home and was hospitalised with diagnoses of neurological sequelae of herpesviral… Read more »
The Public Guardian v Andrew Riddle (Nos 1 and 2)
Summary Senior Judge Hilder has considered at considerable (necessary) length the ability of a professional deputy who is not a solicitor to charge fees at the solicitors’ rate, as well… Read more »
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