Court of Protection

St Johns Chambers has a large and specialist Court of Protection team which has extensive experience in undertaking all types of cases in the Court of Protection.

We can offer barristers of all levels of seniority who are equipped to deal with the whole range of Court of Protection cases. They combine their knowledge of mental capacity law and mental disability with a practical approach and reliable advice and judgment.

We have experience in cases at all levels of complexity, from District Judge to High Court Judge. We undertake advisory and advocacy work at all stages, including contested trials in the Court of Protection.

We receive instructions from across the range of parties including family members, the Official Solicitor and local authorities. We work in cases both locally and nationally, appearing in the Court of Protection in London, Wales, South West and other regions.

We have undertaken cases raising novel issues of principle and practice, including issues relating to the Court of Protection Rules, costs, publicity, deputyship including both welfare and property and affairs deputies, and mediation in the Court of Protection.

In property and affairs cases chambers has particular expertise in the management of cases involving large personal injury awards, often for persons with an acquired brain injury. Members also have extensive experience of dealing with contested deputyship and LPA applications, applications for statutory wills, and cases involving allegations of financial abuse.

We offer a flexible service and can provide preliminary advice on the best way to deal with any situation with an emphasis on the sensitivity and best interests issues which often characterise disputes arising in this jurisdiction.

Our dedicated clerking team know the procedures of the Court well. Urgent and out of hours cases are often dealt with.

Our expertise includes:

  • Property and Affairs matters generally
  • Trusts
  • Gifts
  • Statutory wills
  • Allegations of financial abuse
  • Settlement and administration of personal injury awards
  • Deputyship issues – property and affairs and welfare deputies
  • LPAs and EPAs
  • Welfare/best interests decisions
  • Medical treatment
  • Welfare decisions relating to care, residence, family contact
  • Deprivation of liberty issues