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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
Re W (A child)
Summary The central issue in this appeal, of relevance by analogy to proceedings before the Court of Protection was this: Can a witness in Family proceedings, who is the subject… Read more »
R (T) v Legal Aid Agency
Summary: In this case there was a successful challenge to the refusal of the Legal Aid Agency (“LAA”) to authorise the cost of obtaining expert evidence in care proceedings. The… Read more »
Re DS & Others (children)
Summary: This case, in the Family Division, is nonetheless relevant to practitioners in the Court of Protection because the guidance given by the President regarding the appropriate wording to adopt… Read more »
PH v A Local Authority & Z Limited
Summary: The Court was asked to decide whether a man suffering from Huntingdon’s Disease (‘HD’) had the capacity to make decisions about his residence, care and treatment. The matter came… Read more »
SMBC, WMP, RC & GG v HSG, SK & SKG
Summary: HHJ Cardinal was asked to consider an application by the Local Authority for a declaration as to the capacity of HSG to marry and to make complex financial decisions…. Read more »
AVS v NHS Foundation Trust
Summary: This case very recently decided by the President is interesting as an example of the court’s approach to limiting expert and lay evidence, and to the removal of a… Read more »
D v R (Deputy of S) & S
Summary: In this case, Henderson J had to decide whether a Mr S had capacity to decide whether Chancery proceedings started in his name and on his behalf by his… Read more »
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