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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

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

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

Capacity and influence

United Kingdom - October 10 2016 In this case the court had to consider 2 wills, one made in February 2012 and the other made in December 2012. The testator had suffered serious

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

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

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

Baker J, ‘A matter of life and death’: The Oxford Shrieval Lecture, 11 October 2016

United Kingdom - November 18 2016 In this fascinating lecture, Baker J consider the law on the withdrawal of artificial nutrition and hydration in the context of disorders of the

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