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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
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 »
Cheshire West And Chester Council v PWK
In this case, Sir Mark Hedley had to consider (in the context of a s.21A challenge) whether a young man, PWK, had capacity to make decisions in relation to residence;… Read more »
The Royal Bournemouth and Christchurch Hospital NHS Foundation Trust and Dorset Healthcare University NHS Foundation Trust v SE
Summary The issue in this case (decided in November 2018, but appearing on Bailii in August 2019) was whether it was in SE’s best interests to have her right leg… Read more »
An NHS Trust and others (Respondents) v Y (by his litigation friend, the Official Solicitor) and another (Appellants)
Summary Background Ever since the decision of the House of Lords in Bland, it has been recognised that CANH constitutes a medical treatment and that (as with any other medical… Read more »
Re Z
Summary Although given a Chancery Division neutral citation, this was a procedural application in existing Court of Protection proceedings concerning the capacity of an elderly man (Z) to manage his… Read more »
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