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39 Essex Chambers

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Capacity, facility and circumvention

United Kingdom - April 13 2016 In Ritchie v Nelson 2016 CSOH 35, decided on 4th March 2016, Lord Clarke granted decree of reduction of a Disposition in favour of the defender by

New offence of wilful neglect or ill- treatment in Scotland

United Kingdom - October 10 2016 The Health (Tobacco, Nicotine, etc. and Care) (Scotland) Act 2016 received Royal Assent back in April 2016 and is yet to come into force. However, it

Short note: penal notices and contempt of court

United Kingdom - April 13 2016 In In the Matter of Gous Oddin 2016 EWCA Civ 173, the Court of Appeal reminded practitioners (and the judiciary) of the importance of compliance

Rule 3A representatives clarified

United Kingdom - April 13 2016 In this case, a friend of VE’s was appointed as her Rule 3A representative. However, it became apparent during the course of the hearing that local

The Supreme Court on vicarious liability: a view from inside Cox v Ministry of Justice

United Kingdom - April 15 2016 The law of vicarious liability has recently been revisited by the Supreme Court in two important cases: Cox v Ministry of Justice and Mohamud v WM

Competence, understanding and influence

United Kingdom - November 18 2016 In W (A Child) 2016 EWCA Civ 1051, the Court of Appeal had to grapple again with the question of when it is appropriate for a child to part company

Lord Neuberger on the role of a constitutional court

European Union, United Kingdom - November 18 2016 On 14th October 2016 Lord Neuberger, President of the Supreme Court of the United Kingdom, delivered the second biennial Lord Rodger Memorial Lecture

Short Note: Capacity and settlement agreements

United Kingdom - November 18 2016 In Glasgow City Council v Dahhan 2016 UKEAT 0024_15_1105, the EAT has confirmed that it has jurisdiction to consider an argument that a settlement

New consent guidance from the Royal College of Surgeons

United Kingdom - November 18 2016 The Royal College of Surgeons has recently updated its good practice guidance on consent in light of the Montgomery judgment. Its main messages as

European Parliament Report on Protection of Vulnerable Adults

European Union, United Kingdom - November 18 2016 This study, produced by the European Parliamentary Research Service, supports a legislative initiative on the protection of vulnerable adults