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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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Cases
News, Blogs & Articles
Mental Capacity Law Cases
A Local Authority v TA & Ors
Summary The contours of this difficult case were sketched out economically in the opening paragraphs of the judgment: This case concerns the health, welfare, and care of GA, an 87-year-old… Read more »
London Borough of Tower Hamlets v A & KF
Summary[1] This case was concerned with whether A – a 69 year old woman who had suffered a stroke and been diagnosed with Korsakoff’s dementia – had capacity to make… Read more »
B v A Local Authority
Summary The Court of Appeal has made both general and specific observations about the assessment of mental capacity in determining the appeal/cross-appeal against the decision of Cobb J in Re… Read more »
LB Hackney v SJF
Summary This case concerned the care and residence of a 56 year old woman with significant physical health problems as well as schizophrenia and a learning disability. She had lived… Read more »
CB v Medway Council & Anor
Summary This unusual appeal against dismissal of a s.21A application clarifies the (very limited) circumstances under which it could ever been appropriate to dismiss such applications on a summary basis…. Read more »
Re A (Capacity: Social Media and Internet Use: Best Interests); Re B(Capacity: Social Media: Care and Contact)
Summary[1] In two linked judgments, Cobb J has outlined the relevant, and irrelevant, information for purposes of deciding whether a person has capacity to make decisions about internet and social… Read more »
Re FX
Summary This interesting decision from last year which recently appeared on Bailii is the first reported decision where consideration has been given to questions of capacity in the context of… Read more »
RB Greenwich v CDM
Summary This case concerned a 63 year old woman with a diagnosis of personality disorder and poorly controlled diabetes.[1] While there was a dispute between the applicant local authority and… Read more »
WBC v Z and others
Summary This case concerned a 20 year old woman with Aspergers syndrome and an IQ in the range 70-75. In June 2014 the local authority where Z lived issued proceedings… Read more »
R(Cornwall) v SSH
This case concerned the ordinary residence of P, who has severe physical and learning disabilities and lacks the capacity to decide where to live. He lived with his parents in… Read more »
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