2-week inquest finds death was not caused or contributed to by the Moderna Covid-19 vaccine - Oct 2024
Court of Protection
Rachel is ranked as a “Leading Junior” in the Legal 500 2025 for her Court of Protection work. She appeared in Mr Justice Hayden’s last reported case as Vice President.
She appears regularly before the Court in a range of proceedings within its jurisdiction and can also assist with both pre- and post-hearing conferences, Round Table Meetings and the drafting of applications.
Rachel’s knowledge of property litigation and personal injury law complements her Court of Protection work, as does her sensitivity and experience of dealing with vulnerable individuals. Rachel has also been commended by clients for taking a robust yet collaborative approach in hearings and RTMs.
Rachel has a particular interest and expertise in how the Court of Protection can protect and promote the best interests of neurodivergent individuals.
Rachel accepts instructions to represent litigation friends (including ALRs and the Official Solicitor), public bodies and family members.
Published Articles:
“Capacity, decision making, and the interplay with alcohol and substance abuse” (co-authored with Anogika Souresh) October [2023] Fam Law 1202
Selected Cases
- A Local Authority v H [2023] EWCOP 4: Acted for the local authority in a case concerning fluctuating capacity and deprivation of liberty regarding a trans individual deemed to pose a real risk of sexual harm to children
- Re BM: Instructed on behalf of family members in a Property & Affairs case concerning LPAs made by P and involving safeguarding complaints to the OPG
- Re RM: Instructed by the Official Solicitor in a case concerning the best interests of a 66-year-old individual placed in a psychiatric hospital by his parents aged 9
- Re CG: Instructed by the local authority in an urgent hearing before the High Court regarding withdrawal of life-saving medical treatment
- Re Tony Hickmott: Instructed by the NHS Foundation Trust in a case concerning an autistic man discharged from hospital 21 years after being sectioned under the Mental Health Act 1983
- Re GN: Instructed on behalf of the spouse in a case concerning a young man who sustained life-changing injuries in a serious road traffic accident
Rachel Baker and Anogika Souresh discuss capacity in the October edition of the Family Law Journal - Oct 2023
In the October edition of the Family Law Journal Rachel Baker and Anogika Souresh explore how alcoholism and drug addiction can affect capacity within the framework of the Mental Capacity Act 2005....
Rachel Baker to speak on Contentious Applications in the Court of Protection - Jun 2023
On 21st September Rachel Baker will be speaking at an MBL seminar - Contentious Applications in the Court of Protection - Best Practice & Procedure. The seminar will cover the court’s...
Rachel Baker, Anogika Souresh and Sam Freeman deliver talk on Capacity, Decision Making and The Interplay With Alcohol & Substance Misuse - Mar 2023
Rachel Baker and Anogika Souresh, assisted by Sam Freeman of the Sussex NHS Trust, delivered a talk to solicitors at Brighton and Hove City Council, East Sussex County Council, and West Sussex County...
Rachel Baker appears in the High Court before the Vice President of the Court of Protection in case concerning the mental capacity of a young adult - Feb 2023
Rachel Baker has recently appeared in the High Court before the Vice President of the Court of Protection the Honourable Mr Justice Hayden, in a case concerning the capacity of a young adult, “H”,...
1 week to go for Brighton Legal Walkers! - Jun 2021
We’re getting ourselves ready for the London Legal Support Trust (LLST)’s Brighton Legal Walk 2021 on 21st June 2021. Show your support for this excellent charity providing access to justice...
Gestmin v Credit Suisse: Restating and Re-evaluating the Court’s Approach to Witness Evidence - Jun 2021
Rachel Baker considers the case of Gestmin SGPS S.A. v Credit Suisse [2013] EWCA 3560 (Comm) and its relevance to the preparation of witness evidence. In 2013 the High Court commercial case of...
PART 36: A Round Up of Recent Developments by Rachel Baker - Mar 2021
I often explain to clients that, contrary to popular opinion, much of a lawyer’s time is spent advising people on how to keep out of court rather than encouraging them into it. If nothing else,...
Reflections on Reflective Loss: Sevilleja v Marex Financial Limited [2020] UKSC 31 - Oct 2020
A recent Supreme Court decision in Sevilleja v Marex Financial Limited [2020] UKSC 31 has restated the longstanding principle of “reflective loss” in a way that will be of interest even to...
Catch up on our latest Civil Law Seminar on housing possession claims and civil procedure amendments - Aug 2020
Catch up on our recent civil law seminar with experts Rachel Baker and Matthew Withers. The recording of the event and speaker's slides are linked below for you to listen at your convenience. ...
Remote Court Hearings and How to Manage Them - May 2020
Rachel Baker offers tips and guidance for litigants in person facing remote civil court hearings during the Covid-19 pandemic Since March 2020 lawyers have been working in unprecedented...
Possession Proceedings under Covid-19: the Latest From the Court of Appeal - May 2020