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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
Kambli v The Public Guardian
Summary In this case, HHJ Hilder considered an application by a panel deputy for discharge. The deputy had been appointed in 2019 in the circumstances set out in this judgment…. Read more »
A Midlands NHS Trust v RD & Ors
Summary RD concerned a 37-year-old woman suffering from an extremely serious and debilitating condition, anorexia nervosa, since the age of 13. The NHS Trust sought declarations that: RD lacked capacity… Read more »
Re CVF
In this case, Lieven J was concerned with the capacity and best interests of a 29 year old woman, CVF, with diagnoses of diabetes, learning disability, emotionally unstable personality disorder,… Read more »
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 »
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