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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
Miklić v Croatia
Summary A child committed offences of intrusive behaviour and threats while lacking mental capacity. Relying on psychiatric and psychological expert opinions, the court placed him in a psychiatric hospital. His… Read more »
Re AB (A Child: human rights)
Summary AB was 13 and a special guardianship order was made in favour of his paternal grandmother as his parents were unable to care for him. He was diagnosed with… Read more »
R(BL) v LB Islington
Summary This case concerning litigation capacity in the judicial review context is not merely relevant to such cases but also poses interesting question for proceedings before the Court of Protection…. Read more »
MM v A City Council
Summary The case related to a young man, ‘Michael’ or ‘MM.’ Michael had diagnoses of mild learning disabilities, dissocial personality disorder and had ongoing problems with using illicit substances. He… 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 »
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 YC
Summary What happens when the paperwork authorising a deprivation of liberty under the DoLS regime repeatedly refers to the wrong person? This question was posed before Senior Judge Hilder in… Read more »
AEL
In Re AEL [2021] EWCOP 9, SJ Hilder considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. … Read more »
A County Council v KK & Oths
Summary In this case, Lieven J considered whether a “community DoL” order that had been in place in respect of an 18 year old woman (“JK”) since January 2020 should… Read more »
LB Haringey v Emile
Summary[1] This is a rare example of a contested determination of damages for deprivation of liberty in the context of DoLS. It arose out of a claim by the local… Read more »
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