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39 Essex Chambers

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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

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

Retort to a Rebuttal: Use or Weigh: A Reply to Alastair Pitblado

United Kingdom - March 9 2016 We are grateful to the Official Solicitor to the Senior Courts of England and Wales for his detailed Reply to our Note on the expression “use or

Mental capacity law guidance note :a brief guide to carrying out best interests assessments

United Kingdom - October 9 2015 This purpose of this document is to provide for social workers and those working in front-line clinical settings a brief overview of the law and

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

Short Note: Strasbourg’s latest on DoL (2)

Czech Republic, European Union - November 18 2016 In Červenka v The Czech Republic (Application no. 6250712, decision of 13 October 2016), the ECtHR considered the position of Mr Jaroslav Červenka

STEP guidelines for attorneys and deputies

United Kingdom - November 18 2016 STEP has published a very useful set of guidleines for attorneys and deputies when dealing with P's property and affairs. They cover the scope of the

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

Short note: naming experts

United Kingdom - November 18 2016 In Re J (A Minor) 2016 EWHC 2595 (Fam), Hayden J gave a useful summary of the principles applicable to naming professionals and experts in

When to Trust

United Kingdom - November 18 2016 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