Irwin Mitchell

Irwin Mitchell

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Global

Court of Protection

Joanne Fraser

Joanne Fraser

Specialises in Court of Protection matters, often dealing with the family or legal advisors of the client who has lost the mental capacity to manage their property and affairs. Joanne’s clients have often but not always been awarded a substantial personal injury compensation award, and she then assists in the management of those damages in the best interests of the client. Joanne’s work involves dealing with deputyship applications, offering a professional deputyship service, and applications including gifts and statutory wills. She also deals with lasting power of attorneys, personal injury trusts and trusts for infants. Joanne is a specialist in litigation support services and expert witness statements.
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.
Victoria Ward

Victoria Ward

Victoria specialises in Court of Protection work, helping vulnerable people and their loved ones make decisions about their property and finances. She deals with the management of day to day financial matters for a large number of deputyship and trust clients, ranging from children to the elderly – including those who have received a damages award as a result of personal injury. This involves assisting with decisions in relation to investments, personal budgets, capital expenditure and coordinating property adaptations tailored to individual clients with disabilities. She also liaises with case managers, personal injury and clinical negligence lawyers, social workers and relatives to establish appropriate care regimes to make best interests decisions. Victoria is experienced in dealing with Court of Protection applications concerning appointment of deputies, replacement of incapacitated trustees for property, making gifts and statutory Wills and contentious Court of Protection applications concerning attorneys and deputies. She is a member of the Court of Protection Practitioners Association (CoPPA) and an affiliate member of the Society of Trusts and Estate Practitioners (STEP). She has recently gained a Distinction in the STEP Advanced Certificate in Advising Vulnerable Clients and was shortlisted for Young Practitioner of the Year at the STEP Private Client Awards in 2015. She is also a member of Irwin Mitchell's Parent Carer Forum - a safe online space to connect with fellow parent carers and discuss the issues that matter to you. Join the Parent Carer Forum on Facebook.
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.

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.

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