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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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Discussion Paper: Deprivation of Liberty, Cheshire West and the CRPD
This paper discusses whether there may be room in which to revisit Cheshire West to capture (in a principled fashion) what appears to be an instinctive difference between:
a. the position of a person who is confined, cannot consent to that confinement, but where there appears to be no element of coercion or the deployment of measures against their will;
b. the position of person who is confined, cannot consent to that confinement, but is subject to coercion.
To read the full Discussion Paper, please click here.
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