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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 JB
Summary The Supreme Court has for the first time looked in detail at what it means to have or lack capacity to make a decision, and has done so in… Read more »
Re DY
Summary When and how does the concept of fluctuating capacity apply in the context of sexual relations? This was the question confronting Knowles J in this case. DY had just… Read more »
HD (Capacity to Engage in Sexual Relations)
In HD Cobb J has grappled with the impact of the Court of Appeal’s decision in Re JB [2020] EWCA Civ 735, in which the Court of Appeal had made clear that the… Read more »
AMDC v AG and CI (No. 2)
Summary These proceedings involve the development of a relationship between two care home residents. In light of the interim judgment, which we covered at [2020] EWCOP 58, the matter was… Read more »
Griffith v P (By Her Litigation Friend the Official Solicitor)
The Court of Appeal has had little hesitation dismissing ([2020] EWCA Civ 1675) the appeal by Dahlia Griffith against her conviction and sentence of imprisonment for contempt, on which we reported… Read more »
A Local Authority v JB
Summary The Court of Appeal has made clear that we have been asking the wrong question in relation to sexual relations. The issue arose in the context of proceedings concerning… Read more »
A Local Authority v JB
Summary This case was concerned with whether the presumption that a man had capacity to consent to sexual relations had been rebutted. In particular there was a dispute as to… Read more »
LB Tower Hamlets v NB & AU
Summary Hayden J has made further observations about the test for capacity to consent to sexual relations. We use the term “observations” advisedly, because his judgment does not, in fact,… 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 »
Re NB (Consent to Sex)
The judgment in Re NB [2019] EWCOP 17 concerns a hearing on 7 May 2019 at which Hayden J considered the position of a married couple where doubts had been… Read more »
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