Court of Protection

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

5 Stone Buildings is at the forefront of work in the Court of Protection, with a large number of members at all levels of seniority active in this field. Members of chambers frequently appeared in significant property and affairs cases in the pre-Mental Capacity Act 2005 Court of Protection. We have continued to do so since the Act came into force in 2007, and also deal increasingly with personal welfare cases and with mixed property and affairs/personal welfare cases. Members regularly act for the Official Solicitor and the Public Guardian, as well as for professional deputies and attorneys, private individuals and charities involved in Court of Protection litigation.

5 Stone Buildings - building sign
Chambers and Partners - Court of Protection - Property & Affairs Band 1

5 Stone Buildings is frequently referred to by instructing solicitors as the premier set for property and affairs matters due to its "wealth of experience and expertise amongst both its leading and junior counsel. Other sources report: "Top of their game, the go-to set for this type of work." Members are recognised for their expert handling of lasting powers of attorney disputes, deputyship-related matters and complex statutory will and gift applications, and are regularly involved in leading test cases. The team routinely receives instructions from leading private client firms, as well as the Public Guardian and the Official Solicitor. 5 Stone was recently involved in the Re CI case which concerned a high net worth individual.

Outside 5 Stone Buildings
Legal 500 2024

5 Stone Buildings’ ‘highly able and highly experienced barristers’ have ‘considerable strength-in-depth’ in representing family members, health bodies, local authorities and protected parties in financial and welfare disputes before the Court of Protection.

Members routinely advise on, draft applications and appear as advocates in the Court of Protection in:

  • Applications for authorisation of statutory wills and gifts
  • Disputes about the appointment, supervision or removal of deputies
  • Objections to registration and disputes about the conduct, supervision or removal of attorneys under enduring or lasting powers of attorney

Members of chambers edit Heywood and Massey’s Court of Protection Practice and the Elder Law Journal. David Rees KC is a member of the Court of Protection Rules Committee and the Court of Protection User Group. He is also Vice Chair of the Court of Protection Bar Association; Hugh Cumber sits on the association’s committee. Chambers holds a Court of Protection update seminar at least once a year.