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Article

39 Essex Chambers | United Kingdom | 18 Nov 2016

MHO shortages and delayed reports - again

Over the last five years the number of applications under Part 6 of the Adults with Incapacity (Scotland) Act requiring reports from MHOs has more…
Article

39 Essex Chambers | European Union, United Kingdom | 18 Nov 2016

Lord Neuberger on the role of a constitutional court

On 14th October 2016 Lord Neuberger, President of the Supreme Court of the United Kingdom, delivered the second biennial Lord Rodger Memorial Lecture…
Article

39 Essex Chambers | European Union, Germany | 18 Nov 2016

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

Legislatures and courts worldwide, when they consider medical treatment and other measures in the context of intellectual…
Article

39 Essex Chambers | Czech Republic, European Union | 18 Nov 2016

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

In Červenka v The Czech Republic (Application no. 62507/12, decision of 13 October 2016), the ECtHR considered the position of Mr Jaroslav Červenka…
Article

39 Essex Chambers | United Kingdom | 18 Nov 2016

New consent guidance from the Royal College of Surgeons

The Royal College of Surgeons has recently updated its good practice guidance on consent in light of the Montgomery judgment. Its main messages as…
Article

39 Essex Chambers | United Kingdom | 18 Nov 2016

Competence, understanding and influence

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…
Article

39 Essex Chambers | United Kingdom | 18 Nov 2016

Short Note: Contesting influence

A recent case (Edkins v Hopkins [2016] EWHC 2542 (Ch), a decision of HHJ Jarman QC sitting as a judge of the High Court) illustrates just how hard it…
Article

39 Essex Chambers | United Kingdom | 18 Nov 2016

State funding and the CoP

In this case, Holman J too a very Re MN-style case management decision in relation to the question of whether it was necessary to proceed with a full…
Article

39 Essex Chambers | United Kingdom | 18 Nov 2016

Short Note: Capacity and settlement agreements

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…
Article

39 Essex Chambers | European Union, Russia | 18 Nov 2016

Short Note: Strasbourg’s latest on DoL (1)

We briefly mention the case of Kasparov v Russia [2016] ECHR 849 because it provides a summary of the ECtHR's latest thinking as to what amounts to a…
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