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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
R(Maguire) v HM Senior Coroner for Blackpool & Fylde
Summary[1] The Court of Appeal has held that there are (perhaps surprising) limits to the obligation upon the state under Article 2 ECHR to investigate the death of those subject… Read more »
Aftanache v Romania
Summary In Aftanache v Romania, the applicant contended that his life was put at risk by medical personnel from the ambulance service and hospitals, who refused to administer his insulin… Read more »
University College London Hospitals NHS Foundation Trust v MB
In a decision handed down on 9 April 2020, Chamberlain J gave some important observations about the lawfulness of the allocation of scarce hospital resources in University College London Hospitals… Read more »
BP v Surrey County Council & Anor (2)
Summary This is the second decision concerning an 83 year old man, BP. It follows the earlier one on 25 March 2020, the first time that the Court of Protection… Read more »
QD (Habitual Residence) (No.2)
In QD (Habitual Residence) (No.2) [2020] EWCOP 14, Cobb J gave a follow up judgment to that delivered in December 2019. In that judgment, Cobb J decided that the move… Read more »
HSE of Ireland v Moorgate
In The Health Service Executive of Ireland v Moorgate [2020] EWCOP 12, Hayden J considered in some detail the operation of the regime under Schedule 3 MCA 2005 for recognition… 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 »
Hertfordshire CC v NK and AK
In this case, MacDonald J declined to make an order a DoL order in respect of a 16 year old, on the basis that he did not consider that the… Read more »
A London Borough v X, Y and Z
This was a wardship application brought by the local authority in respect of Z, a 17 year old boy who had a range of very complex health needs rendering him… 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 »
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