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Claire van Overdijk

Claire van Overdijk

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Claire van Overdijk 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.”

Court of Protection

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.

Recent noteworthy cases

  • 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.

Appointments & Memberships

  • Equality and Human Rights Commission Panel Counsel- A Panel
  • Attorney General Civil Panel Counsel- B Panel
  • Court of Protection Bar Association- Secretary
  • Court of Protection Practitioners Association- London Committee
  • STEP Mental Capacity Global SIG Steering Committee- Deputy Chair
  • Society of Trust and Estate Practitioners – full member
  • Chancery Bar Association
  • Administrative Law Bar Association- member

Publications

  • Court of Protection Practice (LexisNexis), co-editor: annual publication; leading text for practitioners and the judiciary.
  • The International Protection of Adults (Oxford University Press), co-editor: comparative analysis of private international law rules relating to mental capacity law and the Hague Convention on the International Protection of Adults.
  • Mental Capacity Law and Practice (LexisNexis), co-editor.

Academia

  • 2014- 2018: Part-time member of University College London, Faculty of Law teaching in private international law (LL.M)

Languages

  • Portuguese
  • Spanish

Claire van Overdijk 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.

Areas of Law


Testimonials


“She does a very good job for her clients and often undertakes really high-profile work.” Property & Affairs, Chambers and Partners 2020

“She’s very pragmatic and has an excellent grasp of both Court of Protection and trusts-related matters.” Property & Affairs, Chambers and Partners 2020

“A very versatile, experienced and persuasive advocate.” Health & Welfare, Chambers & Partners 2020

“She’s really smart and is an expert in jurisdictional issues.” Health & Welfare, Chambers & Partners 2020

“She is exceptional in cases involving complex overlapping issues of jurisdiction, finance, or particularly difficult family dynamics.” Health & Welfare, Chambers & Partners 2020

“Cool under pressure, she is tenacious in her cross-examination and will not give up on the points that matter – someone you definitely want in your corner.” Court of Protection, Legal 500 2020

“She’s a tenacious advocate who certainly holds her ground in court and isn’t afraid to make difficult points.” Health & Welfare, Chambers & Partners 2019

“A go-to counsel for international mental capacity matters, she has a really good practice and she really knows her stuff.” Property & Affairs, Chambers and Partners 2019

“She’s very responsive, reliable and practical.” Property & Affairs, Chambers and Partners 2019

“She responds to a huge amount of emails and manages her workload really well. In terms of her actual work, I send her to court and can leave her to it, she’s completely independent. I have seen her cross examine and she is completely fearless.” Health & Welfare, Chambers & Partners 2018

“She has a sharp mind, her preparations are excellent and she is patient with lay clients.” Property & Affairs, Chambers and Partners 2018

“Noted for having a broad Court of Protection practice and being strong on mental capacity issues generally. As well as having a strong practice, she has published a number of texts relating to the Court of Protection.”
Health & Welfare, Chambers & Partners 2017

“She’s very good, very approachable, very friendly and willing to provide advice outside of cases.”
Health & Welfare, Chambers & Partners 2017

“Has a practice that encompasses both property and affairs and health and welfare matters. She acts for a range of clients, such as individuals, local authorities, the Official Solicitor and financial deputies. She is well known for her work in cases concerning statutory wills, gifts, trusts and disputed deputyships.”
Property & Affairs, Chambers and Partners 2017

“She’s very calm. We had an aggressive opponent, but Claire was very professional and a very good advocate.”
Property & Affairs, Chambers and Partners 2017

Recommendations


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