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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
BP v Surrey County Council & Anor
Summary In this case, Hayden J had to grapple with the impact of COVID-19 in the care home setting. The urgent application arose in the context of an existing s.21A… Read more »
CH v A Metropolitan Council
Summary CH was born with Downs Syndrome and an associated learning difficulty. In 2010, he married his wife, WH, and they lived together in his parents’ home. They sought fertility… Read more »
Djaba v West London MH Trust and others
Summary Since 2014, Mr Djaba had been accommodated in a “super seclusion suite” at Broadmoor under a restricted hospital order (Mental Health Act 1983 ss37/41). Built entirely for his confinement,… Read more »
Mrs P v Rochdale Borough Council & Others
Summary Mrs P’s deprivation of liberty was authorised in a nursing home. By the time of the final hearing in the MCA section 21A proceedings, place of residence was not… Read more »
J Council v GU & Ors
Summary: This judgment considers the right to respect for private life in the context of a deprivation of liberty. Although the final order in the case was agreed between the… Read more »
A Council v X, Y & Z
Summary: This decision is the sequel to that reported as HBCC v LG (by her Litigation Friend the Official Solicitor), JG and SG [2010] EWHC 1527 (Fam), concerning the best… Read more »
LBB v JM, BK & CM
Summary: This case, a transcript of which has only recently been made available, is a judgment of Mr Justice Hedley in a case concerning allegations of sexual abuse against the… Read more »
City of Sunderland v MM & Others
Summary: This judgment is of some importance because, on the very specific facts of the case, HHJ Moir declared that the Article 8 rights of a person other than P… Read more »
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