The Court of Protection team at 39 Essex Chambers has expertise in representing local authorities, NHS trusts, the official solicitor, and litigation friends at all levels in the Court of Protection in serious medical treatment, health and welfare matters. Vikram Sachdeva KC, in the case Pennine Care NHS Foundation Trust v T, successfully represented a hospital trust seeking permission to force-feed a child suffering from OCD who refused nutrition. Fenella Morris KC represented Shropshire County Council in TRR and others v Dundee Council and Shropshire CC, a case concerning the division of responsibility for making and funding applications for deprivation of liberty for the individuals ordinarily resident in Scotland but habitually resident in England and Wales. Turning to the set’s juniors, Adam Fullwood represented a Clinical Commissioning Group in An ICB v RN, a case concerning if the COVID-19 vaccination should be administered to a 22-year-old man with a learning disability, despite the opposition of his mother.
Court of Protection and community care in
London Bar
Serjeants' Inn Chambers
Serjeants’ Inn Chambers is ‘one of the strongest sets with excellent counsel at all levels’ who handle a range of Court of Protection work, often with a focus on medical treatment-related matters . Bridget Dolan KC has extensive experience of representing clients with limited capacity, while Bridget Dolan KC and Emma Sutton KC (the latter a 2023 silk appointment, alongside Neil Davy KC) represented the official solicitor in Manchester University NHS Foundation Trust v Verden, defeating an NHS trust’s objections to a media campaign seeking a live kidney donor for a seventeen-year-old boy with autism – weeks after the litigation, he successfully received the organ from the donor found. Turning to the set’s juniors, Rhys Hadden, in AH/HH v Hywel Dda Health Board & Carmarthenshire County Council, represented a woman who wanted to move to the same care home as her occasionally aggressive husband of over half a century who also lacked capacity – at issue was if the Mental Capacity Act allowed their cases to be considered together by the same judge. Nageena Khalique KC represented the official solicitor in University Hospitals Plymouth NHS Trust v Livewell CIC, successfully resisting an application to anaesthetise a pregnant young woman at her home and use forcible restraints owing to her diagnoses of anxiety and agoraphobia, which led her to miss antenatal appointments.
Testimonials
‘Lee Johnson and Tom O’Connor are great, and the clerk’s room as a whole is excellent.’
‘The clerks provide a good and efficient service. Tom O’Connor is particularly helpful.’
‘Serjeants’ Inn Chambers has great strength in depth on the court of protection work. A high-quality set of chambers.’
‘Serjeants Inn Chambers is a great set for Court of Protection work. It is very good at finding availability for serious medical treatment cases. The team is reliable, helpful and approachable.’
‘Serjeants Inn Chambers is a go-to chamber for complex Court of Protection matters, in particular urgent medical treatment. It has an excellent team of junior and senior counsel.’
Work highlights
5 Stone Buildings
5 Stone Buildings’ ‘highly able and highly experienced barristers’ have ‘considerable strength-in-depth’ in representing family members, health bodies, local authorities and protected parties in financial and welfare disputes before the Court of Protection. Tracey Angus KC has successfully represented a claimant in Gladstone v White, a claim to set aside gifts made to his attorney and attorney’s removal as a trustee of a heritage property valued at £10m. ‘Incredibly impressive barrister’ David Rees KC is acting for Gopichand Hinduja in Hinduja v Hinduja, a welfare and property and affairs case involving issues related to the validity of lasting powers of attorney and a care package provided to the claimant’s brother, S. P. Hinduja, as well as issues of open justice in the Court of Protection – the brothers having shared the top spot in the 2022 Sunday Times Rich List.
Testimonials
‘Paul Jennings is always helpful and responsive with a 100% record over several years of matching the right barrister to the instructions.’
‘The clerks are experienced, helpful and organised. Paul Jennings and Dan Coote are highly experienced clerks, both professional and approachable.’
‘5 Stone Buildings is the foremost set of chambers for Court of Protection work.’
‘5 Stone Buildings offers a good and reliable service.’
‘5 Stone Buildings is at the top of its game in the Court of Protection sphere. It delivers excellent quality counsel at all levels of qualification.’
Work highlights
Doughty Street Chambers
Doughty Street Chambers is ‘an excellent chamber with good strength in depth in the various areas of law.’ The core areas of focus for the team are serious medical treatment, health and welfare cases, as well as matters crossing over with human rights issues. Ulele Burnham represented a woman with a learning disability who was found by an independent expert to lack capacity to engage in sexual relations, while Leonie Hirst acted on behalf of MR in London Borough of X v MR & Ors; the man's family successfully argued that it was in his best interests to move to a Jewish care home from a secular one, despite the risks of a transfer.
Testimonials
‘The clerks are always very helpful and responsive.’
‘The clerks are all equally awesome and always go out of their way to secure counsel for clients, even where a highly pressing case has come in.’
‘Doughty Street Chambers is an excellent set with the breadth of the team and someone is always available to assist in any case.’
‘Doughty Street Chambers is an extremely impressive set-up. It has many skilled, expert barristers covering all areas of law and practice.’
‘Doughty Street Chambers has a strong Court of Protection team, with a diverse range of senior and junior members with different specialities and skill sets.’
Work highlights
1GC | Family Law
1GC | Family Law‘s members have substantial expertise in cases of deprivation of liberty, medical treatment and termination of treatment and alleged human rights infringements of vulnerable adults. Andrew Bagchi KC ’s workload includes decisions about medical treatment, marriage and sexual relations in marriage and medical treatment cases. Malcolm Chisholm is ‘a very effective advocate, expressing his client’s position succinctly and persuasively’ and has expertise in handling deprivation of liberty and personal welfare cases. Alev Giz regularly gets instructions from the Official Solicitor and family members on health and welfare, and care matters and is known as ‘an exceptional advocate, incredibly skilful and nuanced’. Louise MacLynn KC was appointed as silk in March 2023.
Testimonials
‘1GC | Family Law is a reliable set of chambers.’
‘1GC | Family Law is a good set.’
‘1GC | Family Law has a greater strength in depth for Court of Protection work.’
‘1GC | Family Law has a greater number of barristers specialising in Court of Protection work to provide more options for cover when required.’
Work highlights
Garden Court Chambers
Garden Court Chambers is a ‘sizable set with extremely good strength in depth’ and expertise across the full spectrum of community care matters. Amanda Weston KC has more than two decades of experience in representing vulnerable adults, young people, children, and parents in social care matters. Gráinne Mellon is a ‘highly knowledgeable, skilled and committed barrister’ who successfully represented a vulnerable 15-year-old in the case R (LB) v Surrey County Council concerning the duties of local authorities to assess children in need and their carers.
Testimonials
‘Garden Court Chambers has a great availability of counsel, always very responsive and great at communicating.’
‘Garden Court Chambers’s community care team is knowledgeable and experienced to provide advice on community care matters.’
‘Garden Court Chambers is a leading set for Court of Protection work. The team is very strong, with some of the most well-regarded barristers.’
‘The clerks are very prompt and efficient.’
‘The clerks are an asset to the chambers, always on hand to assist. They are very helpful, particularly with new matters and short timescales.’
Work highlights
Matrix Chambers
Matrix Chambers has strong expertise in community care matters, often at its interface with civil liberties. and works with a wide range of clients, including individuals, local authorities, government, healthcare regulators, care providers and NGOs. Nick Armstrong KC was appointed silk in 2023.
Testimonials
‘Matrix Chambers is a very strong set operating in the social welfare and community care area. The counsels provide high calibre advice and advocacy.’
‘Matrix Chambers is a stand-out chambers due to the significant range and number of specialist barristers with high profiles.’
‘The clerks are efficient, polite and flexible. The service is very high quality.’
‘The clerking team at Matrix Chambers is helpful and responsive. It offers a high degree of professionalism and good advice on counsel expertise and availability.’
Work highlights
Radcliffe Chambers
Radcliffe Chambers
handles a lot of advisory and litigation work related to a variety of Court of Protection matters. Justin Holmes specialises in private client litigation and is instructed both by numerous private clients and by the Public Trustee. Piers Feltham is a ‘fantastic and persuasive barrister’ whose Court of Protection practice focuses on matters related to statutory wills and the validity of powers of attorney.
Testimonials
‘Radcliffe Chambers is a great set of chambers, in-depth knowledge across the board, very user-friendly, great service.’
‘The clerks are friendly, efficient, flexible and always willing to help.’
Work highlights
Serjeants' Inn Chambers
Serjeants’ Inn Chambers is ‘one of the strongest sets with excellent counsel at all levels’ who handle a range of Court of Protection work, often with a focus on medical treatment-related matters . Bridget Dolan KC has extensive experience of representing clients with limited capacity, while Bridget Dolan KC and Emma Sutton KC (the latter a 2023 silk appointment, alongside Neil Davy KC) represented the official solicitor in Manchester University NHS Foundation Trust v Verden, defeating an NHS trust’s objections to a media campaign seeking a live kidney donor for a seventeen-year-old boy with autism – weeks after the litigation, he successfully received the organ from the donor found. Turning to the set’s juniors, Rhys Hadden, in AH/HH v Hywel Dda Health Board & Carmarthenshire County Council, represented a woman who wanted to move to the same care home as her occasionally aggressive husband of over half a century who also lacked capacity – at issue was if the Mental Capacity Act allowed their cases to be considered together by the same judge. Nageena Khalique KC represented the official solicitor in University Hospitals Plymouth NHS Trust v Livewell CIC, successfully resisting an application to anaesthetise a pregnant young woman at her home and use forcible restraints owing to her diagnoses of anxiety and agoraphobia, which led her to miss antenatal appointments.
Testimonials
‘Lee Johnson and Tom O’Connor are great, and the clerk’s room as a whole is excellent.’
‘The clerks provide a good and efficient service. Tom O’Connor is particularly helpful.’
‘Serjeants’ Inn Chambers has great strength in depth on the court of protection work. A high-quality set of chambers.’
‘Serjeants Inn Chambers is a great set for Court of Protection work. It is very good at finding availability for serious medical treatment cases. The team is reliable, helpful and approachable.’
‘Serjeants Inn Chambers is a go-to chamber for complex Court of Protection matters, in particular urgent medical treatment. It has an excellent team of junior and senior counsel.’
Work highlights
5 Stone Buildings
5 Stone Buildings’ ‘highly able and highly experienced barristers’ have ‘considerable strength-in-depth’ in representing family members, health bodies, local authorities and protected parties in financial and welfare disputes before the Court of Protection. Tracey Angus KC has successfully represented a claimant in Gladstone v White, a claim to set aside gifts made to his attorney and attorney’s removal as a trustee of a heritage property valued at £10m. ‘Incredibly impressive barrister’ David Rees KC is acting for Gopichand Hinduja in Hinduja v Hinduja, a welfare and property and affairs case involving issues related to the validity of lasting powers of attorney and a care package provided to the claimant’s brother, S. P. Hinduja, as well as issues of open justice in the Court of Protection – the brothers having shared the top spot in the 2022 Sunday Times Rich List.
Testimonials
‘Paul Jennings is always helpful and responsive with a 100% record over several years of matching the right barrister to the instructions.’
‘The clerks are experienced, helpful and organised. Paul Jennings and Dan Coote are highly experienced clerks, both professional and approachable.’
‘5 Stone Buildings is the foremost set of chambers for Court of Protection work.’
‘5 Stone Buildings offers a good and reliable service.’
‘5 Stone Buildings is at the top of its game in the Court of Protection sphere. It delivers excellent quality counsel at all levels of qualification.’
Work highlights
Doughty Street Chambers
Doughty Street Chambers is ‘an excellent chamber with good strength in depth in the various areas of law.’ The core areas of focus for the team are serious medical treatment, health and welfare cases, as well as matters crossing over with human rights issues. Ulele Burnham represented a woman with a learning disability who was found by an independent expert to lack capacity to engage in sexual relations, while Leonie Hirst acted on behalf of MR in London Borough of X v MR & Ors; the man's family successfully argued that it was in his best interests to move to a Jewish care home from a secular one, despite the risks of a transfer.
Testimonials
‘The clerks are always very helpful and responsive.’
‘The clerks are all equally awesome and always go out of their way to secure counsel for clients, even where a highly pressing case has come in.’
‘Doughty Street Chambers is an excellent set with the breadth of the team and someone is always available to assist in any case.’
‘Doughty Street Chambers is an extremely impressive set-up. It has many skilled, expert barristers covering all areas of law and practice.’
‘Doughty Street Chambers has a strong Court of Protection team, with a diverse range of senior and junior members with different specialities and skill sets.’
Work highlights
1GC | Family Law
1GC | Family Law‘s members have substantial expertise in cases of deprivation of liberty, medical treatment and termination of treatment and alleged human rights infringements of vulnerable adults. Andrew Bagchi KC ’s workload includes decisions about medical treatment, marriage and sexual relations in marriage and medical treatment cases. Malcolm Chisholm is ‘a very effective advocate, expressing his client’s position succinctly and persuasively’ and has expertise in handling deprivation of liberty and personal welfare cases. Alev Giz regularly gets instructions from the Official Solicitor and family members on health and welfare, and care matters and is known as ‘an exceptional advocate, incredibly skilful and nuanced’. Louise MacLynn KC was appointed as silk in March 2023.
Testimonials
‘1GC | Family Law is a reliable set of chambers.’
‘1GC | Family Law is a good set.’
‘1GC | Family Law has a greater strength in depth for Court of Protection work.’
‘1GC | Family Law has a greater number of barristers specialising in Court of Protection work to provide more options for cover when required.’
Work highlights
Garden Court Chambers
Garden Court Chambers is a ‘sizable set with extremely good strength in depth’ and expertise across the full spectrum of community care matters. Amanda Weston KC has more than two decades of experience in representing vulnerable adults, young people, children, and parents in social care matters. Gráinne Mellon is a ‘highly knowledgeable, skilled and committed barrister’ who successfully represented a vulnerable 15-year-old in the case R (LB) v Surrey County Council concerning the duties of local authorities to assess children in need and their carers.
Testimonials
‘Garden Court Chambers has a great availability of counsel, always very responsive and great at communicating.’
‘Garden Court Chambers’s community care team is knowledgeable and experienced to provide advice on community care matters.’
‘Garden Court Chambers is a leading set for Court of Protection work. The team is very strong, with some of the most well-regarded barristers.’
‘The clerks are very prompt and efficient.’
‘The clerks are an asset to the chambers, always on hand to assist. They are very helpful, particularly with new matters and short timescales.’
Work highlights
Matrix Chambers
Matrix Chambers has strong expertise in community care matters, often at its interface with civil liberties. and works with a wide range of clients, including individuals, local authorities, government, healthcare regulators, care providers and NGOs. Nick Armstrong KC was appointed silk in 2023.
Testimonials
‘Matrix Chambers is a very strong set operating in the social welfare and community care area. The counsels provide high calibre advice and advocacy.’
‘Matrix Chambers is a stand-out chambers due to the significant range and number of specialist barristers with high profiles.’
‘The clerks are efficient, polite and flexible. The service is very high quality.’
‘The clerking team at Matrix Chambers is helpful and responsive. It offers a high degree of professionalism and good advice on counsel expertise and availability.’
Work highlights
Radcliffe Chambers
Radcliffe Chambers handles a lot of advisory and litigation work related to a variety of Court of Protection matters. Justin Holmes specialises in private client litigation and is instructed both by numerous private clients and by the Public Trustee. Piers Feltham is a ‘fantastic and persuasive barrister’ whose Court of Protection practice focuses on matters related to statutory wills and the validity of powers of attorney.
Testimonials
‘Radcliffe Chambers is a great set of chambers, in-depth knowledge across the board, very user-friendly, great service.’
‘The clerks are friendly, efficient, flexible and always willing to help.’