Irwin Mitchell

Irwin Mitchell

irwinmitchell.com
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Global

Court of Protection

Lucy Nicol

Lucy Nicol

Partner Lucy acts as a professional deputy for clients who have received multimillion pound damages as a result of clinical negligence or serious injury and who have lost their capacity to manage their financial affairs. Lucy’s clients include those who have suffered serious head injuries and birth injuries, those with learning difficulties and those with age related conditions such as Alzheimer’s and dementia. Lucy’s expertise extends to both property and affairs and welfare matters and she has a special interest in legal issues surrounding mental capacity and decision making in connection with financial decision making.
Sean Attwood

Sean Attwood

Sean is a Partner and heads the Court of Protection team in our London and Cambridge offices. He joined Irwin Mitchell in 2008, qualified as a Solicitor in 2012 and has since specialised in Court of Protection matters. As Partner, Sean heads the Cambridge office and jointly heads the London office, supervising a large team of Paralegals, Solicitors, Associates and Senior Associates. Sean specialises in the management of personal injury and clinical negligence compensation. He is a Director of Irwin Mitchell Trustees Limited and the Irwin Mitchell Trust Corporation and is regularly appointed by the Court of Protection to act as a professional Deputy for people who have lost capacity to manage their financial affairs, as well as acting as professional Trustee. The majority of his clients have received multi-million pound settlements and Sean supports them with their everyday financial affairs, from implementing investments to purchasing and adapting property, to supporting their rehabilitation. Sean regularly deals with and advises on a wide variety of Court of Protection applications, from complex property and Trustees Act applications, to dealing with contested transfers of deputyship and statutory wills, as well as Variation of Trust applications within the Chancery Division. He also acts as an expert witness for the court in Court of Protection matters.

Deals

  • Applying to the Court of Protection to clarify the Court’s position on professional deputies and the instruction of third party solicitors for legal advice; this resulted in the landmark judgement Re ACC and Others, which confirms the position on various issues including how conflicts of interest should be managed when a professional deputy is obtaining legal advice.
  • Applying to the Court of Protection to challenge a restriction in a client’s settlement order for their personal injury award to avoid double recovery; we successfully argued to replace this with a substitute provision to the effect that P’s annual payment is used to meet the cost of care first, and any surplus is funded by direct payments. We anticipate this recent result will drive change to the approach of Peters Undertakings in settlement orders.
  • Applying to the Court of Protection for approval of a gift of £150,000 to P's parents to construct a purpose-built home for P in Pakistan. P had a large annual surplus due to the amount of gratuitous care provided by his parents and there was no equivalent COP structure to hold property in P’s name in Pakistan given he was a minor. Reported case Re AK.

Team Services

Our Court of Protection team supports over 1,500 vulnerable clients with the management of their property and affairs. We advise on all matters relating to finances, including acting as professional deputy and one-off applications concerning gifts, wills, and land for clients who lack capacity. We provide advice to lay deputies, advising on their roles and responsibilities and on contentious matters in the Court of Protection. We provide advice on the establishment of personal injury trusts, for clients who have received personal injury compensation, as well as acting as professional trustee. We also provide expert evidence in personal injury claims, ensuring that claims for the costs of professional damages management through a Trust or Deputyship are properly evidenced as well as appearing as an expert witness in Court.

Client testimonials

RB (father of client)

A - “We have always received excellent friendly service. I act on behalf of my disabled son and know that they always know that that whatever I say is in the best interest of him.”

MT (mother of client)

B - “The Court of Protection team are highly professional and equally compassionate and understanding”

(family of client)

C - “We were treated with such compassion, dignity and respect. The whole team working with us were fantastic and still are. Communication and level of service is excellent.”

(family of client)

D - “They are professional, knowledgeable, reliable and friendly. I have built a very good relationship with them over the years and cannot sing their praises loud enough”.

(parent of client)

E- I trust the team at Irwin Mitchell. They have my daughter’s best interest in mind at all times”

DE (mother of client)

F- Irwin Mitchell have been incredible. From the day I called them to talk about my little girl after being diagnosed with Strep b, meningitis septicaemia and pneumonia and being left with cerebral palsy, epilepsy and other conditions to four years later when she’s come on leaps and bounds. They’re an outstanding company and there is nothing that is too much trouble for them. They go above and beyond for A and myself and I honestly cannot thank them enough for everything they’ve done and continue to do. They’re not just A’s solicitors, they’re like family too.”

Awards and Recognition

The Northern Law Awards 2023

Private Client Team of the Year

Personal Injury Awards 2021

Personal Injury Trust Provider of the Year

Greater Birmingham Chamber of Commerce

Lucy Bloom (Associate)- Shortlisted for Future Face of Legal with Greater Birmingham Chamber of Commerce