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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
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 »
In the matter of D (A Child)
Summary The Supreme Court has held (by a majority) where a 16 or 17 year old lacks capacity to give their own consent to circumstances satisfying the ‘acid test’ in… Read more »
R (Maguire) v Her Majesty’s Senior Coroner for Blackpool and Fylde
Summary This was a judicial review brought in respect of the decision of the coroner investigating the death of a 52 year old woman, Jacqueline (Jackie) Morgan that Article 2… Read more »
A Health and Social Care Trust v X et al
Summary Mr X had died by the time of this judgment, but the decision is likely to affect hundreds of individuals in Northern Ireland in similar circumstances. The case concerned… Read more »
Southend-on-Sea Borough Council v Meyers
Summary[1] This is the follow up to the permission decision of Baker LJ reported as Re BF, and represents the substantive hearing of the application before Hayden J for declarations… Read more »
Rooman v Belgium
Summary In an important case determined at the start of 2019, the Grand Chamber of the European Court of Human Rights undertook a review and clarification of its approach to… Read more »
A Local Authority v BF
Summary This case was an application for permission to appeal from an interim judgment of Hayden J concerning the difficult question of the nature and reach of the inherent jurisdiction… Read more »
Welsh Ministers v PJ
Summary The Supreme Court has reversed the curious and controversial decision in PJ, in which the Court of Appeal had held that the MHA 1983 contained within it by necessary… Read more »
Secretary of State for Justice v MM
Summary The Supreme Court (Lord Hughes dissenting) has upheld the ruling of the Court of Appeal that neither the Secretary of the State nor the Mental Health Tribunal has the… Read more »
Re T (A Child)
The issue in this appeal was whether a lack of valid consent was a pre-requisite to the exercise of the inherent jurisdiction authorising the restriction of the liberty of a… Read more »
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