Court of Protection

Our barristers appear frequently in the Court of Protection, both in health and welfare cases and in matters pertaining to property and financial affairs. In addition, we often appear in cases brought under or involving the Mental Health Act 1983 and undertake advisory work and provide representation in the field of community care law.

Personal welfare
Unlike many of our competitors in this field, we deal with cases with a “best interests” approach every day by virtue of our vast experience in family proceedings, and so we are ideally positioned to deal with applications in the Court of Protection. We bring our expertise in the law relating to children to personal welfare disputes, including applications for urgent and often life-saving medical treatment. Our barristers are instructed to appear in cases concerning deprivation of liberty and where there are issues around where incapacitous parties reside or with whom they have contact. We also specialise in cases concerning young, vulnerable adults who are the subject of care proceedings or cases where there is a cross-over with linked Children Act proceedings.

Property and finance
Our barristers also act in cases relating to property and financial affairs and we represent all parties to proceedings, including Deputies. We have recent experience in dealing with applications for the execution of statutory wills, for authority to make gifts (including inter vivos gifts) and maintenance payments, and for authority to conduct ancillary proceedings on behalf of P.  We have acted in many cases where a party seeks to displace a Deputy and are able to advise and provide representation in these most complex of cases.

Litigation friends
FOURTEEN has a strong heritage acting in cases concerning vulnerable parties; as such, our barristers are well-placed to accept instructions from the Official Solicitor and other litigation friends to represent parties who lack capacity in Court of Protection applications. We also represent incapacitous parties through their litigation friends in linked or stand-alone family proceedings, including divorce, matrimonial finance and private children law disputes.

Urgent applications
At FOURTEEN, we understand that our clients may need urgent advice and/or representation at an emergency court hearing, including telephone applications. Our barristers are ready to act at short notice and out of hours. Please click here for details about out of hours enquiries.

We are acutely aware that, in many cases, an application to Court is the last resort and, wherever possible, parties should be encouraged to work together to reach a settlement. The Court of Protection team at FOURTEEN has a number of experienced mediators who are able to assist in trying to resolve disputes and avoid protracted proceedings. We find that this is an increasingly sought-after service in this area of the law, particularly before, during and after the intervention of a local authority.

Specialists in the field