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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

John McKendrick QC succcessfully acts in Court of Appeal termination case

John recently appeared for the appellant in the Court of Appeal challenging a first instance declaration that a termination at 23 weeks was lawful and in an incapacitated woman’s best interests. The appeal was heard urgently the day before the termination was due to take place. The Court of Appeal, McCombe, King and Peter Jackson LJJ granted permission to appeal, allowed the appeal and dismissed the NHS Trust’s application. The Judgment can be found here. The Court emphasised the mandatory section 4 requirements of the Mental Capacity Act 2005, the need to fully consider the wishes and the feelings of an incapacitated person and importantly the views of others, as well as the medical evidence, when it was proposed the…

News 11 Jul, 2019

John McKendrick QC acts for NHS trust in High Court Jehovah’s Witness case

John McKendrick QC is currently acting in the High Court, London for an NHS trust responsible for the treatment of a 17 year-old Jehovah’s Witness. The boy, who has leukaemia and who lives in the south east of England, has refused potentially life-saving blood product treatment for his condition, because of his religious beliefs. NHS trust doctors are respecting the boy’s views and doctors are not treating him with blood products. Lead barrister for the trust, John McKendrick QC said that the boy had refused to consent to treatment involving “blood products” and that the teenager was “extremely articulate about his Jehovah’s Witness faith”. John regularly appears before the Administrative Court, Court of Protection, Family Division, the Tribunal system and the…

News 7 Jun, 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 Barristers authorised to sit in the Court of Protection

We are delighted to announce that Nathan Tavares QC, Mark Mullins and Simon Burrows have been authorised to sit as fee paid judges of the Court of Protection. They will deal with both health & welfare and property affairs cases. At the recent Court of Protection Practitioners Association annual conference in Manchester, Vice President of the Court, Mr Justice Hayden, said that the quality of applications for this recruitment exercise was the highest he had seen in any comparable competition. He welcomed the experience that new appointees to the Court would bring. Nathan, appointed QC this year, is a specialist clinical negligence and personal injury practitioner. His particular interests are in acquired brain injury, the Court of Protection and mental health law. Mark…

News 27 Sep, 2018

Court of Protection hands down two important judgments on deputyship orders

The London Borough of Enfield v Matrix Deputies Ltd & Anor [2018] EWCOP 22 (Matrix No2) sets down important guidance on the practice to be followed when an application is made to the Court of Protection to call in a deputy security bond where it is said that there has been a loss to the estate of an incapacitated person. It builds on previous guidance from the court in Re Gladys Meek and sets out what evidence the COP will expect to see and the process to be followed. The judgment also looks at the entitlement of COP deputies to raise fees for their role and at what rates clarifying a number of areas of contention first highlighted in the…

News 25 Sep, 2018

New guidance on appointing trust corporations as deputies

Claire van Overdijk represents the Public Guardian in Court of Protection proceedings setting down new guidance on the appointment of trust corporations as property and affairs deputies. The Court of Protection has handed down an important judgment in the matter of: Various Incapacitated Persons and the Appointment of Trust Corporations as Deputies [2018] EWCOP 3. This sets down guidance for trust corporations that apply to the Court for appointment as deputy for incapacitated persons. As identified in the judgment, there is presently no system in place as between the Court, the Office of the Public Guardian (PG) and the Ministry of Justice’s approved bond supplier on which the Court can rely as to the suitability of a trust corporation for…

News 30 Jan, 2018

The British Legal Awards 2017: Finalists

We are delighted to have been shortlisted in Legal Week’s British Legal Awards 2017 – Chambers of the Year category. The British Legal Awards hosted by Legal Week in association with The City of London Law Society, takes place at the end of the LegalWeek Connect, and is due to be attended by 1,000 lawyers. All 29 categories have been carefully chosen to reflect the ever-complex and challenging work of business lawyers at law firms, within legal departments and at the Bar. Key awards this year include The City of London Law Society Lifetime Achievement Award, Chambers of the Year, Law Firm of the Year, General Counsel of the Year, Editor’s Award: Law Firm Leader of the Year and the Legal…

News 20 Oct, 2017

Court of Protection removes professional deputy firm following breaches of duty owed to protected persons

The Court of Protection has published judgment in the case of The Public Guardian v Matrix Deputies Ltd & London Borough of Enfield [2017] EWCOP 14, which concerns 44 individuals whose property and affairs were either already managed by a court-appointed deputy, or were the subject of an application for such appointment. The common link between all individuals was the involvement in their property and affairs of Matrix Deputies Limited (a professional deputyship firm) or persons who worked for that organisation. The Public Guardian made a number of applications, which together sought as follows: the discharge of all appointments of Matrix Deputies Ltd, and its nominated officers as property and affairs deputy; the refusal of any pending applications; and the…

News 6 Sep, 2017

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