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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.
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Mental Capacity Law Cases
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 »
The Public Guardian v XR & Ors
In this case,[1] District Judge Geddes had to consider the ability of the Court of Protection to grant injunctive relief in relation to the publication of video material relating to… 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 »
London Borough of Southwark v NP & Ors
Summary This case, concerned with the welfare of a 17 year with cerebral palsy and atypical anorexia, is of interest on the facts for the way in which the court… Read more »
Mustard v Flower
This case addresses the question of the lawfulness (or otherwise) of covertly recording an assessment by a medical practitioner. The Claimant in this case was a victim of a road… Read more »
Re M (Children) (Disclosure to the Police)
Summary This was an appeal to the Court of Appeal by parents against a decision of Keehan J’s in care proceedings, acceding to an application brought by the police for… Read more »
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