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Court of Protection

On 11th November 2022 the Court of Appeal gave judgment in Hinduja v Hinduja. John McKendrick KC acted on behalf of the first and second respondent.

John McKendrick KC appears in the Court of Appeal

On 11th November 2022 the Court of Appeal gave judgment in Hinduja v Hinduja. John McKendrick KC acted on behalf of the first and second respondent. On 11 November 2022 the Court of Appeal gave judgment in Hinduja v Hinduja  [2022] EWCA Civ 1492 and permitted press reporting of proceedings which began in June 2020.  The proceedings relate to the property and welfare of Srichand Hinduja, the eldest of the four Hinduja brothers. Court of Protection In two judgments delivered in August 2022, (Hinduja v Hinduja [2022] EWCOP 36 and Hinduja v Hinduja [2022] EWCOP 37), Mr Justice Hayden lifted nearly all reporting restrictions in the case. His Lordship’s order was appealed to the Court of Appeal by Srichand’s brother Gopichand Hinduja. The Court of Appeal The Court of…

News 15 Nov, 2022

Alex Cisneros

Court of Protection: When relationships break down

Discharging a deputy is not a step that would be taken lightly and professional deputies should not expect to step aside merely because they consider it to be necessary. Alex Cisneros’ article is published in Trusts and Estates Law & Tax Journal where he discusses a recent case concerning discharging deputies in the Court of Protection. In this article, originally published in Trusts and Estates Law & Tax Journal, Alex Cisneros considers the circumstances when a court will discharge a deputy. He explores the case of Kambli v The Public Guardian [2021] EWCOP 53 in which Claire van Overdijk, also of Outer Temple Chambers, appeared as counsel for the applicant. Discharging a Court of Protection deputy is not a step…

External Publications 7 Apr, 2022

Alex Cisneros

Alex Cisneros appears in the Court of Protection in MM -V- A City Council

Alex Cisneros appeared in a recent reported case before the Court of Protection, in which the Court investigated an unusual situation involving restrictions imposed on a young man at serious risk of offending. The case involved a young man with a history of offending and variable compliance with authorities. There was a risk, given his offending history and drug and alcohol reliance that the court would be forced to place him in a highly restrictive environment. Ultimately, the local authority adopted a multi-disciplinary approach and a solution was found. Alex Cisneros represented the local authority, who the court thanked for its “hard work” to find a safe placement for the protected party that would not be unnecessary restrictive. The case…

News 9 Dec, 2021

John McKendrick QC appears in Supreme Court in JB v A Local Authority

John McKendrick QC, leading Ian Brownhill and Helen Laws, and instructed by Karen Jackson at Enable Law, appeared in the landmark decision of JB v A Local Authority [2021] UKSC 52 – the first time the Supreme Court has considered issues of capacity under the Mental Capacity Act 2005.  Acting for JB’s litigation friend, the Official Solicitor, John appealed the decision of the Court of Appeal that JB was required to understand that his potential sexual partners must consent to have sexual relations with him.  The Supreme Court noted the appeal ‘raises issues of profound significance’ but went on to reject the grounds of appeal advanced. It summarised its findings, holding that: ‘The evaluation of JB’s capacity to make a decision…

News 25 Nov, 2021

Tim Nesbitt QC and Alex Cisneros successful in Court of Appeal in the Matter of P (Discharge of Party)

Tim Nesbitt QC and Alex Cisneros were successful this month in a Court of Appeal case, in which the Court of Appeal gives authoritative guidance on the approach required of Court of Protection under Article 6 of ECHR when considering excluding a party from proceedings. The case was an appeal against orders made by Mr Justice Hayden, the Vice-President of the Court of Protection, to exclude the mother of a highly vulnerable 19-year-old woman (“P”) from proceedings relating to the best interests of P. Allegations of sexual abuse by her partner against P had been made and were being investigated by the police. Tim Nesbitt QC and Alex Cisneros represented the  mother, who had been excluded without being given an…

News 20 Apr, 2021

Joshua Hitchens joins Outer Temple

Outer Temple Chambers is delighted to welcome Joshua Hitchens to our public law team. Joshua qualified in 2018 and practises in all of Chambers’ specialisms. He is a member of the Equality and Human Rights Commission Panel of Counsel and has acted in a number of high-profile public law matters.  Most recently, he acted for the Claimant in the landmark case of R(Ncube) v Brighton and Hove City Council, Shelter Intervening [2021] EWHC 578 (Admin) in which it was established that Covid-19 is an emergency for the purposes of the Local Government Act 1972 and that local authorities have statutory powers to accommodate those with no recourse to public funds during the pandemic. He is also currently instructed in a…

News 15 Mar, 2021

David Haines joins Outer Temple Chambers

Outer Temple Chambers is delighted to welcome David Haines to our clinical negligence and personal injury team. David qualified in medicine in 1998 and practised as a junior doctor prior to joining the Bar in 2005. He has since built a broad ranging, complex, clinical and dental negligence and personal injury practice. He also undertakes sports, Court of Protection and inquest work. He has considerable experience in advisory work, settling pleadings including schedules of special damages and counter schedules. David is a particular authority in clinical negligence and is ranked in Chambers and Partners 2021. The legal directory notes that he is “clear, fastidious and bright…excellent with clients and experts alike and has a great understanding of medical issues”. They…

News 18 Nov, 2020

John McKendrick QC appears in significant international mental capacity proceedings

John McKendrick QC appears in the case of Re AB, to determine whether or not to accede to a mother’s application for the English courts to recognise a foreign protective measure in respect of her incapacitated daughter. In Re AB [2020] EWCOP 47 the Senior Judge of the Court of Protection, HHJ Hilder was required to apply Schedule 3 of the Mental Capacity Act 2005 (“MCA”) to determine whether or not to accede to a mother’s application for the English courts to recognise a foreign protective measure (a guardianship order made by the New York courts) in respect of her incapacitated daughter. The judge surveyed the case law and statutory provisions and concluded that recognition of the guardianship order would…

News 20 Oct, 2020

Watch the Webinar; Litigation Friends – Where are we now?

Speakers from Outer Temple Chambers were delighted to be joined by The Rt Hon Sir Ernest Ryder and Sarah Castle for a webinar looking at the current and future role of litigation friends. Watch the full webinar here. The role of a litigation friend for those who lack capacity is changing rapidly and at Outer Temple Chambers, members have experience ranging from the parole board to private client cases, far beyond the traditional scope of clinical negligence, personal injury, professional negligence and Court of Protection work. To explain these developments and what it may mean for the future, our panel of experts was led by The Rt Hon. Sir Ernest Ryder who, as Senior President, has made a major contribution…

Webinars & Recordings 3 Aug, 2020

John McKendrick QC represents GP in Skype-only trial

John McKendrick QC is representing a GP in a trial conducted solely over Skype in response to the Covid-19 pandemic. The Law Gazette stated that this is a legal first… Lawyers have stated this could be a model way to ensure court business continues during the Covid-19 pandemic. Mr Justice Mostlyn decided that the hearing should be conducted over Skype to enable it to proceed without risking the health of any of the participants, some of who are in vulnerable groups or live with people who are. John represented the GP of a man in his 70s who suffered a major stroke in 2016 in the Court of Protection case. The trial will decide whether it is in his best…

Covid-19 19 Mar, 2020

Alex Cisneros represents the Public Guardian in latest LPA guidance case before the Court of Protection

Alex Cisneros acted for the Office of the Public Guardian (“OPG”) in the latest guidance case before the Senior Judge of the Court of Protection, Her Honour Judge Hilder. This case involved fifteen applications where the donor of a Lasting Power of Attorney (“LPA”) had attempted to instruct their attorney to provide financial assistance and maintenance to a person other than themselves. The OPG asked for guidance from the court as to whether this was permitted or whether the instruction would fall foul of the gifting provisions within s.12 of the Mental Capacity Act 2005. The court confirmed that instructions within an LPA that provide for attorneys to use the donor’s funds to benefit persons other than the donor may…

News 23 Sep, 2019

Alexander Line appointed to C Panel

We are delighted to announce that Alexander Line has been appointed to the Attorney General’s C panel. Alex’s appointment starts on 2 September and runs for five years. Government relies on the panels for advice, guidance and representation which means that Alex, ranked by Chambers & Partners for his expertise, will be available to carry out work for the Crown across his main areas of practice of public law and employment law. Alexander is a civil practitioner, whose practice is focused particularly on the areas of education, social welfare, court of protection, public law, employment and discrimination. He regularly appears in employment tribunals, county courts and different chambers of the First-Tier Tribunal. He also has High Court, Employment Appeal Tribunal,…

News 17 Jul, 2019

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