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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
AB and XS (P, by her litigation friend the Official Solicitor)
Summary This case concerned XS – a 76 year old UK-Lebanese dual national – then resident in Lebanon. The applicant was her cousin AB, who wished XS to return to… Read more »
Hull City Council v A & Ors
Summary In this case, Poole J was concerned with – in effect – what was less bad: allowing a woman with dementia to remain at home in the care of… Read more »
North West London Clinical Commissioning Group v GU
Summary In this case Hayden J made a series of very powerful observations about the obligations imposed upon treating bodies to ensure proper consideration of whether continuing treatment is in… Read more »
North Middlesex University Hospital NHS Trust v SR
Summary What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’ jurisdiction? This important question was before Katie Gollop QC,… Read more »
Cumbria, Northumberland Tyne & Wear NHS Foundation Trust & Anor v EG
Summary[1] When can a mental health patient lawfully remain in the community, rather than in hospital, but be deprived of their liberty in the community? In 2018, the Supreme Court… Read more »
Re W (A Child)
Summary This case, in public law proceedings concerning a disabled 12 year old boy, is nevertheless of interest to Court of Protection practitioners as it concerns the familiar situation in… Read more »
Secretary of State for Justice v A Local Authority & Ors
The Court of Appeal has overturned the decision of Hayden J that care workers would not commit a criminal offence under s.39 Sexual Offences Act 2003 were they to make… Read more »
Re BU
Summary How does coercive control impact upon decision-making? And what can – and should – the courts do when the victim of coercive control cannot countenance an existence where the… Read more »
Nottinghamshire County Council v LH, PT and LT; Nottinghamshire v LH, PT and LT (No. 2)
Summary In these two judgments, decided five days apart, Poole J considered the authorisation of the deprivation of a deprivation of liberty of a 12-year-old girl, LT, in an acute… Read more »
Re PW (Jehovah’s Witness: Validity of Advance Decision)
Summary[1] The (surprisingly) small body of case-law relating to advance decisions to refuse treatments has been added to by a judgment delivered by Poole J in difficult and urgent circumstances,… Read more »
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