Claire van Overdijk KC is a specialist private client and public law barrister. She is described as a “very versatile, experienced and persuasive advocate” and was shortlisted as “Advocate of the Year” at the 2019/2020 STEP Private Client Awards.
Owing to her expertise in private international law, Claire is also recognised as an expert in jurisdictional issues both in the public law and private client fields, and is described as “exceptional in cases involving complex overlapping issues of jurisdiction, finance, or particularly difficult family dynamics.”
Claire has extensive experience in mental capacity law and is the first and currently the only practitioner at the Bar to date to be recognised as a leader in both areas of the COP’s jurisdiction (Chambers & Partners Band 2 for both Health & Welfare and Property & Affairs). Claire has published widely in the mental capacity field and her expertise in private international law has also led to her being known as “go-to counsel for international mental capacity matters”.
Her COP practice is equally split between health/welfare and property and affairs. She is particularly adept in complex hybrid cases where a mix of issues arise. She receives instructions from a range of clients such as the Office of the Public Guardian, the Official Solicitor, public bodies (local authorities, NHS Trusts/ CCGs, central government), deputies and private individuals.
Claire’s mental capacity practice is complemented by her public law and private client practice, which enable her to provide tailored advice to clients as appropriate.
Various Incapacitated Persons and the Appointment of Trust Corporations as Deputies [2018] EWCOP 3
Guidance for trust corporations that apply to the Court of Protection for appointment as deputy. Claire was instructed by the Public Guardian.
Re SH [2018] EWCOP 21
Case on deputyship appointments and interpretation of s.19 Mental Capacity Act 2005. Claire was instructed by the Public Guardian.
Matrix Deputies Litigation No 1 [2017] EWCOP 14 and No2 [2018] EWCOP 22
Case on security bonds; breach of fiduciary duty; deputies; mental capacity; and costs. Claire was instructed by the Public Guardian.
Harrow LBC v (1) AT (by his litigation friend, the Official Solicitor) (2) DT [2017] EWCOP 37
Case on deprivation of liberty and costs. Claire was instructed on behalf of AT by his litigation friend, the OS.
RE PO sub nom JO v (1) GO (2) RO (3) MP (4) Inverclyde Council [2013] EWHC 3932 (COP)
Case involving the international protection of adults and jurisdiction of the Court of Protection. Claire represented JO on a direct access and pro bono basis.
Claire’s private client practice includes contentious probate, trust disputes, claims under the Inheritance (Family and Dependants) Act 1975 Act, administration of estates, and removal of personal representatives. Owing to her expertise in private international law, her practice frequently extends to advice in relation to cross border disputes concerning trusts, estates, foreign succession and domicile.
Claire also has extensive experience in mental capacity law, is recognised as a leader in the property & affairs jurisdiction of the Court of Protection and is described as “go-to counsel for international mental capacity matters”.
MN v OP & Ors [2019] EWCA Civ 679
Here the Court of Appeal handed down guidance on anonymity in applications under the Variation of Trusts Act 1958. Claire was appointed by the Attorney General as advocate to the court.
Parsonage (acting as personal representative in the estate) v Parsonage & Ors [2019] EWHC 2362 (Ch)
A challenge to the validity of a will on the basis of testamentary capacity and lack of knowledge and approval. Claire successfully represented the executor of the estate.
Edgar Harrison, YY and ZZ v Ava Vidal [2018] EWHC 2738 (Civ)
Application under the inherent jurisdiction and s.116 of the Senior Courts Act 1981 to remove the biological mother’s entitlement to personal representative status under r.22 of the Non-Contentious Probate Rules 1987. Claire successfully represented interested family members.
Various Incapacitated Persons and the Appointment of Trust Corporations as Deputies [2018] EWCOP 3
The COP set down important guidance for trust corporations that apply to be appointed as deputy for incapacitated persons. Claire was instructed by the Public Guardian.
Re the estate of Baldev Kohli (deceased) (2018)
Claire advised the executor of the estate in this domicile dispute brought under the 1975 Act by the claimed child of the deceased.
Kebbeh v Farmer & Ors [2015] EWHC 3827 (Ch)
1975 Act claim involving a domicile dispute (UK/Gambia) and recognition of an Islamic divorce carried out in the Gambia. Claire successfully represented the executor of the estate.
Claire has a busy public law practice covering a wide variety of contexts concerning both local and central government and non-governmental bodies. She is frequently instructed in the High Court, Court of Appeal and specialist tribunals in the public law field.
She has expertise in community care, data protection and privacy issues, immigration/asylum, healthcare, ordinary residence disputes, cases affecting children and vulnerable adults, and those involving a human rights claim (particularly false imprisonment/unlawful detention). Claire also frequently appears in cases with public law issues that interface with chancery/commercial law and pensions. Claire’s expertise in private international law has also led to her being known as an expert in jurisdictional issues.
MN v OP & Ors [2019] EWCA Civ 679
Access to justice; right to privacy; and anonymity in applications under the Variation of Trusts Act 1958. Claire was appointed by the Attorney General as Advocate to the Court.
Re A (A Child) [2019] EWHC 2475 (Fam)
FGM Protection Orders; interface between family court jurisdiction and jurisdiction of the Immigration and Asylum Tribunal.
Terzaghi v SSHD [2019] EWCA Civ 2017
Immigration/deportation/human rights.
RS (Sri Lanka) [2019] EWCA Civ 1796
Asylum/human rights.
LL (Portugal) -V- SSHD [2019] EWCA Civ 199
Immigration; deportation; withdrawal of concessions.
AM (Somalia) -v- SSHD [2019] EWCA Civ 774
Asylum; deportation; human rights.
KK (Sri Lanka) v SSHD [2019] EWCA Civ 172
Asylum and Article 3.
PA (Iran) v SSHD [2018] EWCA Civ 2495
Immigration; mental capacity; Article 3.
Dotcom Solicitors Ltd v The Legal Ombudsman [2018] EWHC 2399 (Admin)
Jurisdiction of the Legal Ombudsman to reconsider a complaint where its previous decision on the matter had been quashed following an error of law.
Matrix Deputies Litigation No 1 [2017] EWCOP 14and No 2 [2018] EWCOP 22
Bonds; breach of fiduciary duty; deputies; mental capacity; costs.
ELO & CLO v SSHD [2017] EWHC 3574 (Fam)
Application for the recognition under common law of a Nigerian adoption order.
Re V (A Child) (Recognition of Foreign Adoption) [2017] EWHC 1733 (Fam)
Application for the recognition under common law of a Nigerian adoption order.
Re CD (A Child) (Notice of Care Proceedings to Father without Parental Responsibility) [2017] EWFC 34
Application to dispense with service of care proceedings on the biological father of a child subject to the proceedings. Claire was appointed by the Attorney General as Advocate to the Court.
News 9 Feb, 2021
Claire van Overdijk KC is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.
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