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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
MM v A City Council
Summary The case related to a young man, ‘Michael’ or ‘MM.’ Michael had diagnoses of mild learning disabilities, dissocial personality disorder and had ongoing problems with using illicit substances. He… Read more »
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 ZK (No.2)
Summary This case is the sequel to one reported upon earlier here, and contains some important observations in relation to assessment of capacity and the revisiting of best interests decisions. … Read more »
A Local Authority v P and A CCG
Summary[1] A 24-year-old with learning disability, autistic traits and mood disorder was sharing a flat with two residents and at significant risks arising from contact with others. Having been sexually… Read more »
A NHS Foundation Trust v An Expectant Mother
Summary This case, which has attracted considerable discussion, concerned an expectant woman, aged 21 with what was described as severe agoraphobia. She had only left her house on a handful… 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 »
A Mental Health Trust v ER and An NHS Foundation Trust
Summary In this case, Lieven J considered the capacity and best interests of ER, a 49-year-old woman with a diagnosis of anorexia. ER’s personal history with eating disorders had been… Read more »
C (Capacity to Access the Internet and Social Media)
Summary In a short judgment delivered in April 2020, but only appearing on Bailii in September 2021, HHJ Mark Rogers made two striking observations about capacity. The first was specific… 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 »
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 »
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