Court of Protection

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 (or in the Family Division in cases concerning the inherent jurisdiction) 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 [2017] EWHC 968 Fam: Radicalisation and vulnerable adults.
• P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor [2014] UKSC 19
  
• Re UF (Secretary of State intervening) [2014] COPLR 93 Charles VP: Costs in the Court of Protection
• YLA v PM & Another [2013] EWHC 4020 (COP) [2014] COPLR 114: Forced Marriage.
• R (on the application of AM v (1) DPP (2) SRA (3) GMC [2012] EWHC 470 (Admin): Court 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; [2012] EWHC 2381 (Admin): Voluntary euthanasia.
• AH v Hertfordshire Partnership NHS Trust [2011] EWHC 276 (Fam): Welfare decisions.

For information on our team based in Brighton, please click here.