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England - London Bar
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Court of Protection: health and welfare

Neil Allen

Neil Allen

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39 Essex Chambers

39 Essex Chambers is ‘very well respected in the Court of Protection health and welfare arena’. In a high-profile matter, Vikram Sachdeva KC, Catherine Dobson, Neil Allen and Alexander Ruck Keene KC appeared for various parties in Hemachandran v Thirumalesh, a Court of Appeal case concerning capacity issues regarding making decisions for medical treatment. The Court held that an individual’s belief in the relevant information when making a decision about medical treatment was not a legal requirement of the mental capacity test. In another matter, Victoria Butler-Cole KC acted for a client in Aberdeenshire Council v SF & Ors, a case involving the question of whether a Scottish Guardianship order could authorise a guardian to deprive a person, who was residing in an English supported living placement, of their liberty. Peter Mant KC was elevated to silk in March 2025; Saara Idelbi, Alex Cisneros and Matthew Wyard joined the team in August 2025.
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Profile

Position

Court of Protection, particularly deprivation of liberty issues. G v E and others [2010] EWHC 621, [2010] EWCA Civ 822; A County Council v MB [2010] EWHC 2508; Cheshire West and Chester Council v P [2011] EWCA Civ 1257; FP v GM [2011] 2 FLR 1375; A Local Authority v SY [2013] EWHC 3485.

Career

Called 2001; Middle Temple. Lecturer. Publications: ‘Psychiatric care and criminal prosecution’ in Medicine, Crime and Society (2013) Cambridge University Press; The Right to Life in a Suicidal State’ (2013) 36 International Journal of Law and Psychiatry 350-357; Allen, N and Prescott, A, ’The opacity of sexual capacity’ (2012) 2(4) Elder Law Journal 352-357; ‘Criminal Care: Ill treatment and wilful neglect’ (2012) 2 Elder Law Journal 71-75; ’Dare to care’ (2011) 1(2) Elder Law Journal 167; ‘The Bournewood Gap (As Amended?)’ (2010) 18 Medical Law Review 78-85; ’Saving Life and Respecting Death: A Savage Dilemma’ (2009) 17 Medical Law Review 262; ‘Is Capacity ’in Sight?’’ (2009) Journal of Mental Health Law 165-170; ‘Restricting Movement or Depriving Liberty?’ (2009) Journal of Mental Health Law 19-32.

Memberships

Liberty; Society of Legal Scholars.

Education

Royal Grammar School, High Wycombe; University of Manchester (1998 LLB English Law); Inns of Court School of Law (1999 Bar Vocational Course).

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Testimonials

Collated independently by Legal 500 research team.

  • 'The client care skills of Sheraton Doyle and Peter Campbell are superb.'
  • 'Oscar Redif is a pleasure to work with and always helpful, friendly and working tirelessly to go above and beyond expectations.'
  • 'Max Head and Oscar Redif are hugely helpful, friendly and polite.'
  • 'The clerks are helpful and attentive. When needed, they move heaven and earth to ensure matters are dealt with by the most suitable barrister. '
  • '39 Essex Chambers is a first-class set.'
  • '39 Essex Chambers is a firm favourite for Court of Protection work.'
  • 'Brilliant. Great strength in depth.'
  • 'They have strength and depth at all seniority levels.'