Court Of Protection Barristers

"The clerks are incredibly knowledgeable and can advise on who might be the best for any type of case, as well as providing swift, intelligent responses and assistance throughout the course of the matter."
Chambers UK 

Our barristers have extensive experience in advising and representing various parties in Court of Protection cases concerning personal welfare, property and affairs, serious medical treatment, deprivation of liberty and human rights claims.

Barristers are frequently instructed on behalf of the Official Solicitor, local authorities, health bodies, the Office of the Public Guardian and family members and have appeared in cases involving:

  • contested capacity disputes, including capacity to consent to sexual relations and marriage
  • residence, contact and care arrangements
  • alleged neglect and sexual, physical, emotional and financial abuse
  • forced marriage
  • breach of Articles 5 and 8 ECHR, including claims for damages and declaratory relief
  • serious medical treatment and capacity to consent to treatment
  • hoarding behavior (including cases where there is an overlap with housing claims in the County Court)
  • the inherent jurisdiction of the High Court (involving claims where P's capacity fluctuates, claims concerning vulnerable adults and claims concerning the deprivation of liberty of children)
  • concurrent proceedings in the Family Court and the Court of Protection (including public and private law claims involving children and claims for a Financial Remedy)
  • the international protection of vulnerable adults and schedule 3 of the Mental Capacity Act 2005
  • cross-jurisdictional issues concerning incapacitated adults and their assets
  • the appointment and discharge of deputies, revocation of EPAs and LPAs and entering / surrendering tenancy agreements
  • statutory wills and gifts

We also have experience in advising and appearing in mental health cases such as nearest relative displacement applications in the County Court, judicial review and habeas corpus applications by detained patients in the Administrative Court, and in hearings before the First Tier Tribunal (Health, Education and Social Care Chamber).