“David is a truly excellent barrister - he gives strong advice in a forthright manner and is a brilliant advocate”

“David is the only Silk to be recommended in Chambers UK Bar Guide 2024 in Court of Protection for both Property and Affairs (Star Individual) and Health and Welfare (Band 1). He is also recommended in Chambers UK Bar Guide 2024 and Chambers High Net Worth 2023 for Traditional Chancery and in the Legal 500 2024 for Court of Protection and Community Care and for Private Client: Trusts and Probate.”

His knowledge in this area is unparalleled.” “He is straight-talking, profoundly knowledgeable and beyond a doubt one of the best Court of Protection barristers that there is. What David doesn’t know, isn’t worth knowing.”

Chambers UK Bar Guide 2024 – Court of Protection – Property and Affairs

“David Rees is the leading practitioner in Court of Protection matters and his technical knowledge in this area is unsurpassed.”

Chambers UK Bar Guide 2024 – Court of Protection – Health and Welfare

“David is an excellent barrister. His advice, position statements, skeleton arguments are very clear and persuasive”

Chambers UK Bar Guide 2024 – Traditional Chancery

“David is a truly excellent barrister – he gives strong advice in a forthright manner and is a brilliant advocate”

Chambers High Net Worth 2023

“David’s expertise, precision and sense of right make him a leading advocate and adviser.”

Legal 500 2024: Court of Protection and Community Care

“David is an outstanding barrister and communicator, making complex issues easy to understand with a practical approach and seeking solutions that benefit the client.”

Legal 500 – 2024 – Private Client: trusts and probate

“David is an exceptional lawyer and is a go-to silk. He is technically excellent in both strategy and his subject matter. He is a level head and calming influence in some very difficult client situations”

David has a particular interest in issues surrounding elderly clients and incapacity. He has established a reputation as a leading practitioner in Court of Protection work, and is regularly instructed by leading firms of private client solicitors and the Official Solicitor in this area. His practice extends both to property and affairs and welfare cases and he has been instructed in many of the leading cases exploring the international and cross-border elements of the Court of Protection’s jurisdiction.

David is a former Chair of the Court of Protection Bar Association. He is a member of the Court of Protection Rules Committee and has assisted in drafting the Court’s rules and practice directions. David is also the General Editor of Heywood & Massey: Court of Protection Practice. He regularly lectures to audiences around the country on Court of Protection issues.

Court of Protection Notable Domestic Cases

David’s notable cases in this field include:

• Irwin Mitchell Trust Corporation Ltd v PW [2024] EWCOP 16.  (Leading case considering the conflicts of interest that can arise where a professional deputy instructs a related investment adviser to act for P)
• Hinduja v Hinduja [2022] EWCA Civ 1492; [2022] EWCOP 36; [2022] EWCOP 37.  (Long-running case raising complex issues of property and affairs and health and welfare concerning a high-profile and high net-worth individual.  The hearing before the Court of Appeal concerned the extent to which reporting restrictions should be lifted and involved balancing Art. 8 and Art. 10 rights under the ECHR.  Instructed by Withers LLP)
• F v R [2022] EWCOP 49.  (Instructed by Official Solicitor as litigation friend for “P”; whether a settlement the creation of a settlement by the Court of Protection would amount to an intentional deprivation of capital for the purpose of means-tested benefits).
• ACC & Others [2020] EWCOP 9 (Leading test case on the conflicts of interest that can arise where a professional deputy instructs his own firm to carry out work relating to “P”)
• Bagguley v E [2019] EWCOP 49 (Instructed by Official Solicitor as litigation friend for “P”; jurisdiction of Court of Protection to authorise DNA testing of incapacitated adult; guidance on making urgent application to the Court of Protection).
• FL v MJL [2019] EWCOP 31 (Authorisation of statutory gifts to save inheritance tax).
• Re Lawson, Mottram and Hopton (Appointment of Personal Welfare Deputies) [2019] EWCOP 22[2019] 1 WLR 5164 (Instructed by the Official Solicitor as Advocate to the Court in a test case on the approach that the Court of Protection should apply when appointing personal welfare deputies)
• PBM v TGT & Another [2019] EWCOP 6 [2019] WTLR 995 (Instructed by Official Solicitor as litigation friend for “P”. Capacity of P to enter into pre-nuptial agreement; whether P entitled to be told extent of personal injury award).
• The Public Guardian v DA & Others [2018] EWCOP 26 [2019] Fam 27 (Instructed by the Official Solicitor as Advocate to the Court in test case on the severance of provisions relating to the termination of life in lasting powers of attorney)
• PBC v JMA & Others [2018] EWCOP 19  [2018] COPLR 428 (Authorisation of gifts in excess of £6M from “P’s” estate)
• Re AR [2018] EWCOP 8 [2018] COPLR 274 (Test case considering the basis upon which property and affairs deputies should be permitted to charge in low value estates)
• Re Various Incapacitated Persons and the Appointment of Trust Corporations as Deputies [2018] EWCOP 3, [2018]  COPLR 239 (Test case to determine basis upon which Court of Protection should appoint trust corporations to act as property and affairs deputies. Instructed with Alexander Drapkin to represent 11 different solicitor-owned trust corporations).
• SAD v SED [2017] EWCOP 3, [2017] WTLR 1439   (Revocation of lasting power of attorney).
• Watt v ABC [2016] EWCOP 2532; [2017] 4 WLR 24 (Instructed by the Official Solicitor; use of personal injury trust as alternative to deputyship)
• Re D [2016] EWCOP 35 [2016] COPLR 432 (Instructed by Official Solicitor as litigation friend for “P”; Appeal against decision to dispense with service of statutory will application on father of P)
• Re PJV; PJV v Assistant Director Adult Social Care Newcastle City Council & Another [2015] EWCOP 87 and [2016] EWCOP 7 (Appeal); [2015] EWCOP 22 [2015] COPLR 265 (First Instance) (Instructed by Official Solicitor as litigation friend for “P”; Interaction between roles of the Court of Protection and Criminal Injury Compensation Authority where award of compensation is to be held on trust for an incapacitated person)
• Aidiniantz v Riley [2015] EWCOP 65 [2015] COPLR 643 (Instructed for the Official Solicitor as litigation friend for “P”. Extensive welfare and deputyship dispute)
• Re XZ; XZ v The Public Guardian [2015] EWCOP 35 [2015] COPLR 630 (Limits to the role of the Public Guardian in regulating restrictions and conditions in a lasting power of attorney)
• Re Gladys Meek; Jones v Parkin & Others [2014] EWCOP 1 [2014] COPLR 535 (Statutory will in the context of significant financial abuse by deputies having taken place)
• Re AB [2014] COPLR 381 (Principles upon which the Court of Protection should act where dispensing with service on a party affected by a statutory will application)
• Re HM [2012] WTLR 281 (appointment of deputy preferable to personal injury trust)
• 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 [2012] Ch 57 (Extent to which Court of Protection should authorise statutory will to forestall contentious probate proceedings).
• 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).
• Re J [2010] Ch 33 (Instructed by Public Guardian – registration of EPA appointing successive attorneys)

• Potter Rees Dolan Trust Corporation Ltd v WL [2023] EWCOP 19.  (Instructed by the Official Solicitor as litigation friend for “P”.  Consideration of cross-jurisdictional issues that arise where P has a personal injury damages award managed by an English deputy, but is resident in another country).
• Health Service Executive of Ireland v IM [2020] EWCOP 51 (Whether P remained habitually resident in England and Wales)
• QD (Habitual Residence) (No2) [2020] EWCOP 14 (Whether Court should order return of P to place of habitual residence)
• Re Various Applications Concerning Foreign Representative Powers [2019] EWCOP 52 (Instructed by the Official Solicitor as Advocate to the Court in a test case on the powers of the Court of Protection in relation to foreign powers of attorney).
• Re PD; Health Service Executive of Ireland v CNWL [2015] EWCOP 48 [2015] COPLR 48 (Instructed by Official Solicitor as Advocate to the Court. Recognition and enforcement of order of Irish High Court by Court of Protection which has the effect of depriving P of his liberty in England and Wales. Whether P needs to be joined as a party)
• Health Service Executive of Ireland v PA & Others [2015] EWCOP 38 [2015] COPLR 447 (Instructed by Official Solicitor as Advocate to the Court; recognition and enforcement of order of Irish High Court by Court of Protection which has the effect of depriving P of his liberty in England and Wales)
• An English Local Authority v SW & Others [2014] EWCOP 43 [2015] COPLR 29 (Instructed for the Official Solicitor as litigation friend for “P”. Cross-border jurisdiction of the Court of Protection. Meaning of “habitual residence” in the context of Schedule 3 of the Mental Capacity Act 2005)
• 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)

David’s practice also encompasses all aspects of wills, estates and trusts. On the contentious side he is experienced in contentious probate claims, applications for financial provision, applications under the Variation of Trusts Act 1958 and proprietary estoppel and undue influence claims. David regularly appears before High Court judges of both the Chancery and Family Divisions and has argued cases before the Court of Appeal. He has recently appeared as leading counsel in an Inheritance Tax appeal to the Supreme Court. His non-contentious practice includes the provision of advice of capital taxation and the drafting of settlements and their ancillary documents.

His non-contentious practice includes the provision of advice on capital taxation and the drafting of settlements and their ancillary documents.

David’s recent cases in this area include:

• Parry & Others v HMRC [2020] UKSC 35 (Supreme Court); [2018] EWCA Civ 2266 [2019] 1 WLR 2397 (Court of Appeal); [2017] UKUT 4 (TCC) [2017] STC 574 (Upper Tribunal); [2014] UKFTT 419 (First Instance) (Leading authority on sections 10 and 3(3) Inheritance Tax Act 1984: “intention to confer a gratuitous benefit” when making transfer between pension scheme; associated operations; omission to exercise rights).
• Hinduja v Hinduja [2020] EWHC 1533 (Ch) (Appointment of litigation friend under Part 21 of Civil Procedure Rules 1998).
• Gee v Gee & Another [2018] EWHC 1393 (Ch). Proprietary estoppel dispute relating to £8M farm and associated business.
• Re Vindis Deceased (Application by widow for provision under the Inheritance (Provision for Family and Dependants) Act 1975 in substantial estate)
• Lloyd v Jones & Others [2016] EWHC 1308 (Ch) (Contentious probate; testamentary capacity and want of knowledge and approval)
• Baker Tilly v Makar [2013] EWHC 759 (QB) [2013] COPLR 245 (Instructed by the Official Solicitor. Need for medical evidence when assessing capacity of a litigant in civil proceedings)

Education: BA (Hons) Oxford

Appointed Queen’s Counsel 2017; Called to the Bar (Lincoln’s Inn) 1994

Appointed Deputy High Court Judge 2018; Appointed Recorder 2012

Appointed Deputy Chancellor Diocese of Leicester 2014

David is a member of the Society of Trusts and Estates Practitioners (STEP), the Ecclesiastical Law Society, the Court of Protection Bar Association (of which he is a former Chair) and the Chancery Bar Association. He is also an Honorary Member of the Association of Lifetime Lawyers. David is also a member of the Court of Protection Rules

David is the General Editor of Heywood & Massey: Court of Protection Practice. He regularly lectures to audiences around the country on Court of Protection issues and other matters related to his practice.

Click here to view David’s Privacy Notice.