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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
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 »
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 »
Re RW
Summary[1] The small body of appellate level jurisdiction on the MCA has been added to in this case, concerning the continued provision of clinically assisted nutrition and hydration (CANH) via… Read more »
In the matter of Re F (a minor)
Summary This is an unusual case in which a high court judge was asked to make findings on the probity and reliability of a Consultant Clinical Psychologist (Dr Ben Harper)… Read more »
I v D (by his litigation friend the Official Solicitor)
Summary In this case, his last reported decision, Senior Judge Lush was dealing with an application to dispense with service of an application to make a statutory will on a… Read more »
A County Council v (1) AB (2) JB (3) SB
Summary In the course of welfare proceedings involving a young man, AB, a fact-finding hearing was listed to determine serious allegations against his parents, and the question arose of whether,… Read more »
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