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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
JK v A Local Health Board
Summary In this case, Lieven J had to grapple with the intersection between the MCA, the MHA and the inherent jurisdiction in addressing the question of whether it would be… Read more »
Birmingham CC v SR; Lancashire CC v JTA
Summary Two local authorities made streamlined Re X applications on COPDOL11 forms to authorise the deprivation of liberty of two individuals who were either about to be (SR), or had… Read more »
M v ABM University Health Board
Summary With the Legal Aid Agency having taken more than a year to determine the patient’s funding application, this appeal finally reached the Upper Tribunal to consider the disclosure of… Read more »
Djaba v West London MH Trust and others
Summary Since 2014, Mr Djaba had been accommodated in a “super seclusion suite” at Broadmoor under a restricted hospital order (Mental Health Act 1983 ss37/41). Built entirely for his confinement,… Read more »
Secretary of State for Justice v MM; Welsh Ministers v PJ
Summary This long-awaited decision considers the fall-out of Cheshire West in relation to conditional discharges (‘MM’) and community treatment orders (‘PJ’) under the Mental Health Act 1983. The appeals proceeded… Read more »
Betsi Cadwaladr University Local Health Board v Miss W
Summary The potential tragedy in this case is summed up in its final paragraph: I know that W understandably considers that she has in some way failed. I certainly do… Read more »
A Hospital NHS Trust v (1) CD (2) A Mental Health Trust
Summary The issue in this case was whether it was in the best interests of a 43 year old woman, CD, who suffered from paranoid schizophrenia to have a total… Read more »
PJ v A Local Health Board and Others
Summary Charles J, sitting as President of the Upper Tribunal (Administrative Appeals Chamber) has extended the conclusions reached in KD v A Borough Council and the Dep of Health [2015]… Read more »
Secretary of State for Justice v KC and C Partnership NHS Foundation Trust
Summary Ever since the decision in SSJ v RB [2011] EWCA Civ 1608 it has been difficult to discharge restricted patients from detention under the Mental Health Act 1983. Often… Read more »
KD v A Borough Council and others
Summary KD had Korsakov’s Syndrome and, following his detention under the Mental Health Act 1983, had been subject to guardianship since 2012. He was required to reside in a care… Read more »
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