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39 Essex Chambers

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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

New Deputy Report Forms from the Office of the Public Guardian

United Kingdom - March 9 2016 The OPG has issued new deputy report forms to improve safeguards for at risk adults from 1 March 2016. The new forms are: property and financial

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

2015-2016 DOLS statistics

United Kingdom - October 10 2016 The DOLS statistics for England during the period of 1 April 2015 to 31 March 2016 have been published. Here are the main headlines: This period saw

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

CQC State of Care report

United Kingdom - November 18 2016 The CQC has published its annual state of care report. For present purposes, we focus on the section dedicated to DOLS. The chapter picks up examples

A major step forward in CRPD compliance by the German Federal Constitutional Court?

European Union, Germany - November 18 2016 Legislatures and courts worldwide, when they consider medical treatment and other measures in the context of intellectual

Short note: protecting British nationals abroad

United Kingdom - November 18 2016 In Re Clarke 2016 EWCOP 46, Peter Jackson J has confirmed that the High Court can exercise jurisdiction over British nationals abroad who lack

LGA State of Nation report on adult social care

United Kingdom - November 18 2016 The Local Government Association (LGA) has published its 2016 state of the nation report on adult social care funding, which makes a useful

New guidance issued on facilitating participation of ‘P’ and vulnerable persons in Court of Protection proceedings

United Kingdom - November 18 2016 Charles J has recently issued guidance on facilitating participation of 'P' and vulnerable persons. It is intended to allow sharing of good practice