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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
PLK & Ors (Court of Protection: Costs)
Summary In an important decision, the Senior Court Costs Office has looked at the method of assessment of the hourly rates claimed by Deputies and, in particular, at whether those… Read more »
Penntrust Ltd v West Berkshire District Council & Anor
Summary Senior Judge Hilder has returned to the vexed question of Practice Direction 19B and fixed costs in the Court of Protection. In its current iteration, PD19B provides that “where the… Read more »
The Public Guardian v Andrew Riddle (Nos 1 and 2)
Summary Senior Judge Hilder has considered at considerable (necessary) length the ability of a professional deputy who is not a solicitor to charge fees at the solicitors’ rate, as well… Read more »
Birmingham Women’s and Children’s NHS Foundation Trust v JB
Summary[1] In Birmingham Women’s and Children’s NHS Foundation Trust v JB [2020] EWHC 2595 (Fam), Hayden J provided an important clarification regarding MacDonald J’s judgment in Barts Health NHS Trust… Read more »
Cumbria County Council v A
In Cumbria County Council v A [2020] EWCOP 38, Hayden J considered the position in relation to the situation where a local authority wishes to cease being a property and… Read more »
Re OT
In Re OT [2020] EWCOP 25, the court had to decide who to appoint as deputy to manage the property and affairs of an 81 year old woman, OT. The… Read more »
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 »
Re ACC, JDJ and HPP
In these cases, three deputies brought applications concerning the extent to which the orders appointing them authorised expenditure of P’s estate in respect of getting legal advice and conducting proceedings… Read more »
TQ v VT
This case concerns an application to be appointed personal welfare made by VT’s former professional care worker, TQ. It provides a salutary warning against poorly considered decision-making based on blanket… Read more »
Re TWAH
In this case the court considered an application by a trust corporation which was a registered charity (Allied Services Trust), a company limited by guarantee, to be appointed the deputy… Read more »
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