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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
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 »
Redcar & Cleveland Borough Council v PR (No 2)
Summary This is the costs judgment arising from the substantive judgment in Redcar & Cleveland Borough Council v PR & Ors [2019] EWHC 2305, concerned with a 32 year old… Read more »
LB Barnet v JDO & Ors
Summary This frankly astonishing case reads as an object lesson in how not to make an application to the Court of Protection to authorise deprivation of liberty. It concerns a… Read more »
An NHS Foundation Trust v AB and CD
Comment This is the latest chapter in the long running case of AB, first heard before Lieven J on whether or not a termination was in AB’s best interests (see… Read more »
Fox v Wiggins & Ors
Summary In this case, Julian Knowles J had to consider what to do in civil proceedings when a party’s capacity to conduct the proceedings is put in issue by the… Read more »
Mustard v Flower
This case addresses the question of the lawfulness (or otherwise) of covertly recording an assessment by a medical practitioner. The Claimant in this case was a victim of a road… Read more »
DXW v PXL
Summary In this case P suffered serious brain injuries whilst at work. These left him with severe cognitive and executive impairments. Apart from lacking litigation capacity, the evidence was clear… Read more »
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