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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
An NHS Trust and others (Respondents) v Y (by his litigation friend, the Official Solicitor) and another (Appellants)
Summary Background Ever since the decision of the House of Lords in Bland, it has been recognised that CANH constitutes a medical treatment and that (as with any other medical… Read more »
Re RW
Summary[1] The small body of appellate level jurisdiction on the MCA has been added to in this case, concerning the continued provision of clinically assisted nutrition and hydration (CANH) via… Read more »
B v D
Summary In this fascinating case, Baker J had to consider whether it was in the best interests of a soldier, D, to travel to Serbia to receive stem cell treatment for… Read more »
Director of Legal Aid Casework et al v Briggs
Summary The Court of Appeal has overturned the decision of Charles J that he could, within the scope of MCA s.21A proceedings (and hence non-means-tested legal aid), consider whether life-sustaining treatment should… Read more »
NHS Foundation Trust v QZ
Summary This was an application by an NHS Foundation Trust for an order permitting a hysteroscopy and endometrial biopsy under general anaesthetic, with the objective of identifying the cause of… Read more »
Re CA (Natural Delivery or Caesarean Section)
Summary This case concerned a 24 year old woman, CA, with a diagnosis of autism and a mild learning disability who, it was thought, had undergone some form of female… Read more »
Cheshire & Wirral Partnership NHS Foundation Trust v Z
Summary In Re Z, Hayden J had to contemplate three options on behalf of a woman, Z, detained under the Mental Health Act 1983, with very severe anorexia who had,… Read more »
Abertawe Bro Morgannwg University LHB v RY and CP
Summary In this case, Hayden J returned to a theme that has been exercising him increasingly. As he noted during exchanges with Counsel for a family member in an application… Read more »
The Acute Trust v R (by his litigation friend, the Official Solicitor) & The Mental Health Trust
Summary This application, heard before Christmas, but only recently appearing on Bailii, concerned a 40-year old man (R) suffering from chronic paranoid schizophrenia who had been diagnosed with an incurable… Read more »
Re A (A Child)
Summary This appeal arose following an application made by an NHS Trust to withdraw life-sustaining treatment, in particular, to remove respiratory support by a ventilator from a patient with the… Read more »
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