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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
A Healthcare, B NHS Trust v CC
Summary This case concerned a 34-year-old man (‘CC’) with psychotic depression, mixed personality disorder who was deaf, had diabetes and was detained under s.3 of the Mental Health Act 1983…. Read more »
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 »
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