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Samantha Presland

Samantha Presland

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Samantha Presland specialises in the fields of Court of Protection, Clinical Negligence and Personal Injury. She also has an extensive Inquests practice, spanning each of the foregoing fields of specialism. Sam has a particular interest and expertise in aspects of mental capacity law and in psychiatric injury cases.

She appears in the Court of Appeal, High Court, County Court and Coroners Courts.

Sam acts for claimants, insured defendants and NHS Resolve alike in all of her practice areas. Within her Court of Protection practice she acts for families, the Official Solicitor, the Office of the Public Guardian, Health Trusts and Local Authorities.

She brings to each and every case the same analytical approach, attention to detail, practical solutions and client focused, open and sensitive manner.

Sam is a qualified mediator and a member of the Civil Mediation Council, acting as a mediator in various civil and community matters. She finds her mediation experience and skills of particular value when acting in matters where compromise and problem-solving are preferable to combative litigation, in order that best interests are met. Sam has a genuine ability to relate compassionately but constructively with distressed families, as well as to work to achieve practical solutions with professional parties.

She is extremely approachable in her communications with both professional and lay clients. At the pre-instruction stage, Sam is always happy to discuss cases informally. As to urgent applications to the Court of Protection and in inherent jurisdiction cases, she is likewise ready to be contacted directly to expedite matters.

Sam accepts instructions from solicitors, as well as from members of the public, the latter under the Bar Council’s Public Access (i.e. Direct Access) scheme.

Sam sits in the County Court as Civil Recorder in all civil legal matters and in the Crown Court as a Criminal Recorder with a Serious Sexual Offences ticket.

She is happy to provide, or assist with, training across any of her areas of practice, for solicitors who may wish to meet her to see how she approaches legal issues.

Court of Protection

Court of Protection/Mental Capacity & Best Interests

Sam has expertise in both Health and Welfare and Property and Affairs applications to the Court of Protection. In inherent jurisdiction matters, Sam has been instructed in a wide range of cases, including those involving urgent medical treatment (most recently in the Court of Appeal in a case concerning the withdrawal of treatment). Her work encompasses injunctions, deprivation of liberty, physical and financial abuse, as well as combined Court of Protection and judicial review proceedings.

She is able to relate well to clients, both lay and professional, and is tactful in dealing with cultural, religious and individual sensitivities. She combines an awareness of these issues with an ability to read the court, in order to best influence outcomes for those involved.

Health & Welfare

As to the Health and Welfare aspects of the Court of Protection, Sam is particularly skilled in healthcare and public law cases with a medical aspect. Her background of almost 20 years in Clinical Negligence provides her with unique insight into these often challenging cases. She also has extensive experience in obtaining the best outcomes possible in cases involving complex psychological/psychiatric/behavioural difficulties.

Recently, Sam’s work has included:

  • A Court of Appeal end-of-life case for the family of a dementia patient wishing to maintain hydration and nutrition via a nasogastric tube (RW v Chelsea and Westminster Hospital NHS Foundation Trust [2018] EWCA Civ 1067).
  • Several successful applications for families of young autistic adults deprived of their liberty by Local Authorities after having been taken into residential homes, initially only for brief periods of respite, but then not allowed back to the family home.
  • An application by an Afro-Caribbean family wanting to care for a P at home following a severe stroke, in which they were successful after a five day contested hearing, with significant argument about the cultural importance of caring for elderly and ill relatives within the Afro-Caribbean community. The decision as first instance was appealed by the Local Authority, but the family were again successful in front of Mr Justice Baker.
  • An urgent application for the Official Solicitor in relation to a P diagnosed with terminal cancer, who wished to be cared for in her last few weeks at her own home rather than at the care home she was in.
  • A serious medical treatment matter, also for the Official Solicitor, concerning the administration of anti-epileptic medication to an adult lacking in capacity, when her parents objected.
  • A consent to marriage and sexual relations matter for a local authority, in which there was complicated interplay between the determination that P had capacity to consent to sexual relations but not the capacity to determine his contact arrangements with other individuals.

Property & Affairs

With regard to the Property and Affairs cases in the Court of Protection, Sam frequently acts for the Office of the Public Guardian (“OPG”) in complex contested Power of Attorney and Deputyship matters. Examples include cases raising allegations of financial abuse, conflict of interest, competence, or questions over the validity of an appointment. She also acts for the holders of Lasting Powers of Attorney (“LPA”) in Court of Protection applications.

Sam’s recent cases include:

  • Acted for the OPG in a contested sibling dispute about a property and affairs LPA for their mother, in which there were multiple allegations between the siblings of financial abuse and duress.
  • A successful application by a family member to maintain a property and affairs LPA following an application by the OPG to remove them, due to questions over the donor’s mental capacity at the time of making the LPA.
  • Several applications for the OPG regarding the validity of LPAs in conflict-of-interest situations, where family members reside in the family home and are financially dependent upon the donor, whilst at the same time being the financial affairs attorney.

Appointments & Memberships

  • Civil Recorder (2018)
  • Criminal Recorder (2016), Serious Sexual Offences Ticket (2018)
  • APIL
  • PNBA

Samantha Presland 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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