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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
Royal Bank Of Scotland Plc v AB
The correct application of the presumption of capacity in s.1(2) MCA is a perennially difficult question. On the one hand, we have the situation of rushing too quickly to question… Read more »
Sherwood Forest Hospitals NHS Foundation Trust v C
Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has brought a further application in relation to the treatment for… Read more »
Re ACC, JDJ and HPP
In these cases, three deputies brought applications concerning the extent to which the orders appointing them authorised expenditure of P’s estate in respect of getting legal advice and conducting proceedings… Read more »
Cardiff & Vale University Health Board v P
Hayden J has had to grapple with a further case in which delay in bringing a case to court has had serious consequences for the person. The case concerned a… Read more »
Re K (Forced Marriage: Passport Order)
This judgment is the first consideration by the Court of Appeal of Forced Marriage Protection Orders (FMPOs) made under s.63A Family Law Act 1996. The issues that arose were whether… Read more »
R (Jalloh) v Secretary of State for the Home Department
In R (Jalloh) v Secretary of State for the Home Department [2020] UKSC 4, the main issue was whether the meaning of ‘imprisonment’ at common law should be aligned with… Read more »
GSTT & SLAM v R
In this case, Hayden J has come back to the extremely thorny question of what the court is meant to do where it is confronted with the position that the… Read more »
Manchester University NHS Foundation Trust v Namiq (RRO)
This is the judgment made in relation to the application for a reporting restriction order (RRO) in the Midrar Nadiq case, noted in the Wider Context report. Lieven J had… Read more »
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 »
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