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Welcome to 39 Essex Chambers
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.
Practice Areas
- Administrative & Public
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Cases
News, Blogs & Articles
Mental Capacity Law Cases
Re AH (Serious Medical Treatment)
Summary The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases. In AH, it was asked to overturn the… Read more »
London Borough of Southwark v P, AA and South London and Maudsley NHS Foundation Trust
Summary The saga of Re P (Discharge of a Party) [2021] EWCA Civ 512, reported in previous issues, continued, following the Court of Appeal’s overturning the decision of Hayden J… Read more »
A Local Authority v TA, XA, GA (by her litigation friend, the Official Solicitor ) and SR (GA’s deputy for property and financial affairs)
Summary In this judgment Cobb J considered two discrete issues in respect of a litigant in person (“TA”) whose challenging behaviour had meant that progress of the proceedings relating to… Read more »
An NHS Trust v XB & Ors
Summary Theis J has further emphasised the thinness of the legal ice for professionals seeking to administer medication covertly. The case concerned a man, XB, detained at a high security… Read more »
An NHS Trust v AF & Anor
Poole J has answered an important question that has – oddly – not been definitely determined previously: when does a decision of the Court of Protection stop being binding? The… Read more »
P v Griffith
Summary In a very unusual case, the Court of Protection has sentenced a woman, a Ms Griffith, to 12 months imprisonment for forging a court order so as to obtain… Read more »
DP v LB Hillingdon
Summary[1] In this case, Hayden J has clarified what the court is to do on an s.21A application where it has doubt as to whether it can, on the evidence… Read more »
Re D (A young man)
In this case, Mostyn J had to consider a question that had previously been the subject of only very limited judicial consideration, namely the test for permission under s.50 MCA… Read more »
Sherwood Forest Hospitals NHS Foundation Trust & Anor v H
This latest example of delay in bringing and then resolving an application relating to medical treatment was “not only inimical but […] potentially fatal” to the person in question. It… Read more »
Re Z
Summary Morgan J had made a detailed substantive order on the papers in mixed health and welfare and property and affairs proceedings concerning Z. In that order: The court made… Read more »
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