Chambers hosted a conference in Brighton on 14th September on recent developments in the Court of...
The Court of Protection group cover all aspects of applications which are brought before the Court with a particular experience of withdrawal of treatment cases and end of life care.
We regularly appear on behalf of hospital trusts, local authorities and persons lacking capacity (often instructed by the Official Solicitor or Local Authorities) in health and welfare matters in the Court of Protection and have appeared in several of the leading cases concerning right to life.
We also have experience in property and affairs matters within the Court of Protection, including issues relating to powers of attorney, deputyship and statutory wills. A particular area of expertise is in relation to costs in the Court of Protection, in which we have appeared in some of the key cases setting out the principles in this field. The broad experience within chambers in relation to the management of personal injury and clinical negligence claims provides an invaluable perspective on this aspect of the Court of Protection’s work.
In support of this practice area, we have a 24-hour emergency service to address such urgent matters as consent for treatment and injunctions concerning access to hospitals e.g. to protect hospital or healthcare staff.
Notable cases include:
- A Local Authority v Y  EWHC 968 Fam: Radicalisation.
- P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor  UKSC 19
- R (on the application of AM v (1) DPP (2) SRA (3) GMC  EWHC 470 (Admin): Ccourt granted a declaration that solicitors retained by a terminally ill person wishing to end his life would not be encouraging or assisting suicide within the meaning of the Suicide Act 1961 s.2(1).
- R (Nicklinson) v MoJ; EWHC 2381 (Admin): Voluntary euthanasia.
- AH v Hertfordshire Partnerhship NHS Trust  EWHC 276 (Fam): Welfare decisions.
1COR Hosts 2017 Court of Protection Conference - Sep 2017
Marina Wheeler talking about Syrian Injunctions on Law in Action - Nov 2015
Martin Downs on Newsnight on the subject of radicalisation - Oct 2015
Elizabeth-Anne Gumbel QC, Henry Witcomb and Duncan Fairgrieve in Supreme Court cases re Cheshire West on Deprivation of Liberty - Mar 2014
Martin Downs and Jacqueline Roach appeared in the case of “E” - Jan 2014
Martin Downs in Court of Protection forced marriage case - Jan 2014
Sydney Chawatama in a Court of Protection case on the capacity of a woman with mental health problems to have an abortion - May 2013