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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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Cases
News, Blogs & Articles
Mental Capacity Law Cases
Cambridge University Hospitals NHS Foundation Trust v AH & Ors (Serious Medical Treatment)
Summary The Court of Protection braced itself when COVID-19 hit for decisions to be placed before it about the withdrawal of medical treatment, including potentially agonising decisions in the context… Read more »
SM v The Court of Protection and The London Borough of Enfield
Summary This was a judicial review of a decision of the Court of Protection. The application was brought by SM, mother of RM, against a decision on 12 March 2021… Read more »
Liverpool City Council v CMW
Summary In this case, Sir Mark Hedley had to consider whether a woman, CMW, who had recently turned 18 had capacity to make certain decisions in seven specific areas: the… Read more »
Re P (Discharge of Party: Costs of Appeal)
Summary In Re P (Discharge of Party: Costs of Appeal) [2021] EWCA Civ 992, the Court of Appeal was asked to consider an application for costs following the appellant’s successful… Read more »
London Borough of Southwark v P, AA and South London and Maudsley NHS Foundation Trust
Summary The saga of Re P (Discharge of a Party) [2021] EWCA Civ 512, reported in previous issues, continued, following the Court of Appeal’s overturning the decision of Hayden J… Read more »
R (Morahan) v Her Majesty’s Assistant Coroner for West London
Summary Tanya Morahan was aged 34 when she died of cocaine and morphine toxicity. Over the preceding 10 years she experienced mental illness and was diagnosed with paranoid schizophrenia. On… Read more »
A Local Authority v P and A CCG
Summary[1] A 24-year-old with learning disability, autistic traits and mood disorder was sharing a flat with two residents and at significant risks arising from contact with others. Having been sexually… Read more »
Re YC
Summary What happens when the paperwork authorising a deprivation of liberty under the DoLS regime repeatedly refers to the wrong person? This question was posed before Senior Judge Hilder in… Read more »
Caamaño Valle v Spain
Summary In Caamaño Valle v Spain [2021] ECHR 387, the European Court of Human Rights hardened yet further its stance that those with cognitive impairments can be disenfranchised if they… Read more »
University Hospital Birmingham NHS Foundation Trust v AI & K
Summary In this case, the Trust sought a declaration from Hayden J that it was lawful and in AI’s best interests to discontinue any further attempts to provide dialysis. AI… Read more »
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