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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
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 »
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 »
Bashir v Bashir
Summary It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir, Master Clark did so in the context of a complicated… Read more »
Re MJL
Summary In 2007, when P was 54, he suffered a cardiac arrest and fell into PVS. He had an estate of over £17 million and no dependents, and was cared… Read more »
Re Lawson, Mottram and Hopton (appointment of personal welfare deputies)
Summary[1] The Vice-President of the Court of Protection, Hayden J, has outlined a set of principles to govern the appointment of personal welfare deputies. In Re Lawson, Mottram and Hopton… Read more »
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