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Court of Protection

The Court of Protection & Mental Health team practice in all areas of mental capacity and mental health law.

Barristers in the Court of Protection team receive instructions in respect of Property & Affairs (financial) matters as well as Health & Welfare applications.  Instructed by some of the region's leading lawyers in this growing area of law, our barristers represent protected parties (through the Official Solicitor or other Litigation Friend); relatives of the protected party; care providers and public bodies of all kinds (for example Local Authorities, PCTs/CCGs and Hospital Trusts).

For Mental Health Act applications, the team are instructed by Approved Mental Health Professionals, Local Authorities, those that find themselves the subject of proceedings and family members of the patient.

The wide range of expertise and experience means our barristers are regularly asked to provide high-quality training sessions to professionals in mental capacity and mental health law. This includes delivering seminars to: Local Authorities, private practitioners, Mental Health and Mental Capacity Advocates, and professionals specialising in areas that overlap with mental capacity and mental health law, for example child protection practitioners.

Court of Protection Barristers

Sarah Harrison

Called 1989

Richard Copnall

Called 1990

Deborah Shield

Called 1991

Julia Nelson

Called 1993

Stuart Roberts

Called 1994

Marisa Lloyd

Called 1994

Alex Taylor

Called 2000

Natalia Levine

Called 2007

Simon Wilkinson

Called 2010

Areas of Expertise

Property and affairs applications

Opposing the appointment of a Deputy
Disputing testamentary capacity
Settling a Lasting Power of Attorney
Negligent or deliberate misuse of a protected party’s finances

Applications relating to a protected party’s welfare

Residence
Contact with others
Consent to marriage
Capacity to consent to sexual relations

Deprivation of Liberty proceedings

Challenges to urgent or standard authorisations under the Deprivation of Liberty Safeguards

Mental Health Tribunals: First-Tier and Upper Tribunal

Patients subject to restricted sections of the Mental Health Act

Judicial Review

Serious medical treatment cases

Applications for emergency treatment

Inquests

Mental disorder at the time of death
Lacked capacity at the time of death

Displacement of nearest relative proceedings

Fees

Fees can be discussed prior to the commencement of work. Value for money is assured as fees for each case can be assessed individually and are based upon the complexity and value of the case, seniority of counsel and time spent in preparation.

All barristers will consider undertaking work on a CFA basis, where applicable. A robust management system ensures that agreed turn-around times are fulfilled.

Contact Us

For further information please contact our clerks on:

Leeds: 0113 228 5000
Newcastle: 0191 221 2121

Email Clerks

Awards &
Accreditations

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