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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
LB Barnet v JDO & Ors
Summary This frankly astonishing case reads as an object lesson in how not to make an application to the Court of Protection to authorise deprivation of liberty. It concerns a… Read more »
M and H v P
Summary In this case the court was considering an application that the court should authorise the making of a statutory will on P’s behalf and the issue arose of whether… Read more »
ADS v DSM & JSK
Summary In this case Charles J heard an appeal lasting three days with an additional day for judgment against an order authorising the making of a statutory will. On the… Read more »
Watt v ABC
Summary In this case Charles J was considering the issue of whether P’s funds from a personal injury award of £1.5 million should be administered through a deputyship or a… Read more »
Re DB; Re EC
Summary [1] This decision concerns the habitual residence of two people placed by Scottish authorities in hospital in England. For a Scottish perspective on the judgment, see the article by… Read more »
Al-Jeffery v Al-Jeffery
Summary In this case, Holman J confirmed for the first time that the High Court can exercise its inherent protective jurisdiction over a vulnerable British adult on the basis of… Read more »
AG v BMBC & Anor
Summary In this case, District Judge Bellamy has given some rare, and useful, clarification as to the seriousness of the consideration that must be given to the use of covert… Read more »
Re R
Summary In a judgment from a case heard prior to the decision in Re SRK but delivered afterwards (without referring to it) Senior Judge Lush has also weighed into the… Read more »
K v LM
Summary In this case P was seriously assaulted by her birth mother when very young. She eventually received a large CICA award. Her care needs were met by the income… Read more »
Re AB
Summary: This judgment, delivered some time ago, but only very recently made publicly available, deals with a short but important point as to whether (and upon what basis) the CoP… Read more »
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