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Court of Protection

Outer Temple Chambers is "increasingly known as being a top choice for NHS trusts and local authorities".

Chambers and Partners 2017

More information?

Please contact Paul Barton (+44 (0)207 427 4907).

Our experienced clerks will be pleased to provide you with more details of our expertise in this area.

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Outer Temple Chambers has one of the leading teams of court of protection barristers in the country. Our specialist team cover all aspects of the court’s jurisdiction and are repeatedly acting for public bodies, family members and litigation friends on behalf of the protected party.

Court of Protection Barristers

Health & Welfare

Our court of protection barristers are often instructed by the Official Solicitor, solicitors firms acting for NHS Trusts, local authorities and family members. Recently they have also been appointed to the panel of chambers for Adult Social Care work, by the London Boroughs Legal Alliance. Team members ally strong intellectual qualities with sound technical skills and a reputation for good tactical judgement and client handling skills, backed up by an efficient and responsive clerking team.

Members of the team have covered cases concerning sterilisation, serious medical treatment and capacity in relation to sexual relations, as well as, human rights, local government and education law. We also offer recognised expertise in community care / social welfare law as it affects children and young people and their careers, with wide experience of cases in the court of protection, and public law duties around health, social care and education. Expertise in the Mental Health Act 1983, including experience of “end of life” cases, forms part of our strength in depth, with instructions frequently received in a wide range of court of protection cases in London and the regions, often involving young people with learning disabilities and autism, older people with dementia and case involving a mental health diagnosis.

Property & Affairs

Members of the team cover all areas of the court’s property and affairs jurisdiction and are often instructed by deputies, attorneys and the Public Guardian, and conduct proceedings in the court relating to:

  • objections to registration and disputes about the conduct, supervision or removal of attorneys under enduring or lasting powers of attorney
  • the appointment, supervision and removal of deputies
  • the sale or other disposition of property
  • the authorisation of a statutory will
  • the making of gifts and inheritance tax planning
  • variation of trusts
  • the granting of authority to deputies and attorneys to conduct litigation

Cross Border Mental Capacity

Members of Chambers also have expertise in the international jurisdiction of the court, and cross border mental capacity issues. In this context, problems can arise where an individual moves overseas, or owns assets abroad, and loses mental capacity, or when an individual encounters healthcare or other personal welfare issues when abroad, or travels to/is placed in another state for particular healthcare treatment. The team’s expertise in this area is complemented by the work covered by the International Illness, Injury & Travel team, who regularly deal with group and class action claims with a foreign element where mental capacity issues can also arise.

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