Court of Protection

5 Stone Buildings has particular expertise in Court of Protection work and has a number of leading barristers in the area. Members of chambers at all levels of seniority regularly advise on issues relating to mental capacity and appear in contested applications in the Court of Protection sitting at Archway and at the High Court. We act for both private litigants and for the Official Solicitor as litigation friend to incapacitated persons. David Rees is the general editor of Heywood & Massey: Court of Protection Practice, to which Barbara Rich, Tracey Angus and Joseph Goldsmith also contribute.

Our barristers have detailed knowledge of the changes in the law and practice of the Court of Protection that came into force in October 2007 under the Mental Capacity Act 2005. David Rees was a member of the Ministry of Justice working party on the new Court of Protection Rules.

Members of chambers act in relation to the full range of property and affairs and health and welfare applications.

Court of Protection cases in which members of 5 Stone Buildings have appeared include:

 

  • Re G (TJ) [2011] WTLR 231 (Application of “best interests” principle in relation to statutory gift applications and role of “substituted judgment” under Mental Capacity Act 2005)
  • Re D [2011] 1 All ER 859 (Extent to which Court of Protection should authorise statutory will to forestall contentious probate proceedings).
  • Re MN [2010] WTLR 1355 (Leading authority on Court of Protection’s International jurisdiction. Extent to which Court of Protection entitled to have regard to “best interests” on application to recognise and enforce order of foreign court in relation to incapacitated person)
  • Baker v H [2009] WTLR 1719 (A test case on the criteria for setting the level of security bonds for deputies).
  • Re P [2009] 2 All ER 1198 (Application of “best interests” principle in relation to statutory will applications).

 

Typical Court of Protection work undertaken by barristers at 5 Stone Buildings includes:

  • advising on issues of mental capacity and the application of the Mental Capacity Act 2005 generally
  • advising on all types of applications to the Court of Protection including for statutory wills and lifetime gifts
  • drafting such applications to the Court of Protection
  • appearing on contested applications for deputyships and on issues arising in the course of deputyship
  • appearing on contested applications for registration of lasting powers of attorney (LPAs) and enduring powers of attorney (EPAs)
  • advising on issues arising for attorneys
  • advising on and appearing at court in relation to health and welfare applications and the Deprivation of Liberty Safeguards

Please consult clerks