News & Events

Claire van Overdijk

Claire van Overdijk appointed Chair of the STEP Mental Capacity Global Special Interest Group and as Presiding Judge of the STEP Private Client Awards

Claire van Overdijk has been appointed as Chair of the STEP Mental Capacity Global SIG Steering Committee and also as a Presiding Judge for the 2021/22 STEP Private Client Awards. Established in 2010, the Mental Capacity Global Special Interest Group focuses on the increasing importance and relevance of issues concerning capacity in all aspects of legal work relating to inheritance and succession planning. The group keeps members up to date with developments and encourages involvement in debates on current issues. Claire van Overdijk has been appointed as a Presiding Judge for the 2021/22 STEP Private Client Awards. She has joined the panel of 21 judges from around the world who are each recognised as experts and leaders in their own…

News 9 Feb, 2021

Barristers offer Zoom Discussion for BPTC students over recent exam problems with BSB and Pearson VUE

An independent group of barristers are providing a forum, chaired by OTC, for BPTC students to discuss and get advice about the difficulties encountered taking their exams this summer. The Bar Standards Board (BSB) exams have not gone well so far this year, first being postponed due to Covid-19, then suffering technical problems during the online exams. Back in May, the BSB announced that the centralised assessments on the Bar Professional Training Course (BPTC) and the Bar Transfer test (BTT) would be offered as computer based exams in August after the April exams had to be cancelled. Pearson VUE’s OnVUE secure global online proctoring solution was supposed to enable students and transferring qualified lawyers to sit the exams remotely. However…

Events, News, Public Law 13 Aug, 2020

When do Family Courts and the IAC have discretion to risk assess female genital mutilation?

The Court of Appeal clarifies the relationship between the Family Courts and the Immigration and Asylum Chamber in assessing the risk of female genital mutilation. John McKendrick QC and Claire van Overdijk represented the Secretary of State for the Home Department (SSHD) in the recent case of Re A (A Child) [2020] EWCA Civ 731, which raised an issue of importance concerning the relationship between the jurisdiction of the Family Courts and the First Tier Tribunal of the Immigration and Asylum Chamber (IAC) and the overlap that exists when the risk of FGM is assessed for the purposes of a decision in each of those jurisdictions. The Court of Appeal confirmed that when the Family Court considers an application for…

News, Public Law 19 Jun, 2020

The impact of COVID-19 on Lasting Powers of Attorneys

Private Client barristers Claire van Overdijk and Alex Cisneros consider the benefits and challenges of creating a Lasting Power of Attorney during the current COVID-19 pandemic. So much has changed in the last few weeks and the legal industry is no exception. Claire and Alex provide guidance on what can be done during COVID-19, taking examples from other jurisdictions where witnessing LPAs by video link has been permitted through emergency laws. They explore where LPAs developed from and how the legal conceptualisation of substituted decision has been codified in various statutory materials. They also look at two requirements for making an LPA where mistakes are often made; providing a certificate and witnessing signatures. Finally, the article considers business LPAs as…

Covid-19, News, Private Client & Trusts during Covid-19 22 Apr, 2020

Claire van Overdijk has been appointed as a Presiding Judge for the 2020/21 STEP Private Client Awards

Claire van Overdijk has been appointed as a Presiding Judge for the 2020/21 STEP Private Client Awards. She has joined the panel of 21 judges from around the world who are each recognised as experts and leaders in their own fields and together span the international legal, accountancy, financial advisory and fiduciary sectors. Now in its 15th year, the STEP Private Client Awards are seen as the hallmark of quality within the private client industry. Open globally to both STEP members and non-members, they recognise and celebrate excellence among private client solicitors, lawyers, accountants, barristers, bankers, trust managers and financial advisors. Outer Temple Chambers won “Chambers of the Year” at the 2018/2019 Awards, and Claire van Overdijk was shortlisted as…

News 4 Feb, 2020

Claire van Overdijk successful in High Court testamentary capacity challenge

Claire van Overdijk successfully represented Ian Parsonage in Parsonage (acting as personal representative in the estate) v Parsonage & Ors [2019] EWHC 2362 (Ch), which involved a challenge to the validity of the last Will of Beryl Parsonage, a former matron, who died in 2015 at the age of 86. Mrs Parsonage had indicated in her last Will a wish to divide her estate equally between her children and revoked an earlier will drawn up in 2010.  Duncan Parsonage challenged the validity of the last Will on the grounds of testamentary capacity and lack of knowledge and approval, and argued that the earlier 2010 Will should be admitted to probate. This would have left him close to half a million pounds…

News 11 Sep, 2019

Advocate of the Year – Claire van Overdijk shortlisted in 2019/20 STEP Private Client Awards

We are delighted to announce that Claire van Overdijk has been shortlisted in the 2019/20 STEP Private Client Awards ‘Advocate of the Year’ category. Award  winners will be announced at the black-tie dinner and awards ceremony, hosted by a celebrity speaker, on 25th September 2019 at the Park Plaza Westminster Bridge Hotel, London, UK. Claire van Overdijk serves as Deputy Chair of the STEP Mental Capacity Global SIG Steering Committee, Secretary of the Court of Protection Barristers Association, and a committee member of COPPA (London).

News 17 Jun, 2019

Court of Appeal hands down guidance on ‘limbo’ status and Article 8 in the deportation context

In RA(Iraq) v SSHD [2019] EWCA Civ 850 (handed down on 17 May 2019), Claire van Overdijk successfully represented the Secretary of State for the Home Department in a case concerning the so-called ‘limbo’ status – whereby a person is prevented by continuing circumstance in their country of origin from being deported, but also prevented by lack of leave to remain in the UK from working, receiving normal State benefits, renting or buying property, or accessing the full range of NHS benefits. The appellant argued that together these constitute a disproportionate interference with family or private life under Article 8 of the European Convention on Human Rights. In the judgment, the Court provides a comprehensive overview of domestic and ECtHR case…

News 17 May, 2019

Equality & Human Rights Commission panel appointments

Chambers is pleased to announce the appointments of Claire van Overdijk, Sarah Crowther QC, Alex Line and Katarina Sydow on their recent appointments to the Equality & Human Rights Commission panel of counsel. Claire is appointed to the A panel and Sarah and Alex are appointed to B panel with Katarina appointed to C panel. They all look forward to working with the Commission and assisting in representation and advisory cases. The appointments run from 1st April 2019 for a term of four years.

News 16 May, 2019

Court of Appeal hands down important guidance on anonymity in variation of trust applications

The Court of Appeal has recently handed down important guidance on anonymity in applications under the Variation of Trusts Act 1958 in the case of MN v OP & Ors [2019] EWCA Civ 679, in which Claire van Overdijk was appointed by the Attorney General as advocate to the court. The Court held that the default position is that set out in V v T [2014] EWHC 3432 (Ch) and there should not be a departure from the court’s general approach to the issue of anonymity for applications under the 1958 Act. While the court’s jurisdiction, under the 1958 Act, like that in approval hearings, was a protective and enabling jurisdiction, that position should not be overstated as the instant…

News 3 May, 2019

Claire van Overdijk invited to speak at European law Institute – Protection of Adults in International Situations Seminar

Claire van Overdijk has been invited to speak at an upcoming European Law Institute (ELI) event in Milan supported by the European Union. The European Law Institute,  founded in June 2011 is an entirely independent organisation, supported by the European Union with the aim of improving both the quality of European law and legal development and understanding. Claire is set to take part in a panel session seminar on 22 March, focusing on “The Notion of ‘Measure of Protection’ and the Relationship between the Law of Adults’ Protection and Neighbouring Fields of Law”, within the overarching theme of the protection of adults in international situations. Please click here for the full agenda. Claire’s involvement in this event follows on from a joint European Commission and Hague…

News 7 Mar, 2019

Outer Temple Chambers wins prestigious STEP Private Client Award

Outer Temple Chambers has won the Chambers of the Year category at the STEP Private Client Awards, which took place last night in London. Held by STEP, the worldwide professional association for those advising families across generations, the Awards are highly regarded as a celebration of excellence across the private client world. All entries go through a rigorous, practitioner-led judging process to select the best in the industry. The Chambers of the Year category had a strong set of finalists, with Outer Temple Chambers beating New Square Chambers, Old Square Tax Chambers, St John’s Chambers, and Wilberforce Chambers to the prize. The Judges said: ‘This modern, progressive chambers delivers a fresh and innovative approach to staff and clients. In particular…

News 8 Nov, 2018

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