David Rees QC > Chambers of Henry Harrod > London, England > Lawyer Profile
Chambers of Henry Harrod Offices
5 Stone Buildings
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David Rees QC
Barrister with a traditional Chancery practice encompassing trusts, probate, wills, adminstration of estates, family provision and capital taxation. Has a particular specialisation in Court of Protection and mental capacity work including cross-border incapacity cases and is regularly instructed by the Official Solicitor to represent persons lacking mental capacity: Reported cases include: Parry & Others v HMRC  UKUT 4 (TCC) (Inheritance Tax on transfer between pension schemes); Watt v ABC  EWCOP 2532 (Use of personal injury trust as alternative to deputyship); Re D  EWCOP 35;  COPLR 432 (Appeal against decision to dispense with service of statutory will application on affected party); Re Vindis Deceased (2016) (Application by widow for provision under the Inheritance (Provision for Family and Dependants) Act 1975 in substantial estate); Lloyd v Jones & Others  EWHC 1308 (Ch) (Contentious probate; testamentary capacity and want of knowledge and approval); Re PJV; PJV v Assistant Director Adult Social Care Newcastle City Council & Another  EWCOP 87 and  EWCOP 7 (Interaction between roles of the Court of Protection and Criminal Injury Compensation Authority where award of compensation is to be held on trust for an incapacitated person); Aidiniantz v Riley  EWCOP 65; (Extensive welfare and deputyship dispute); Re PD; Health Service Executive of Ireland v CNWL  EWCOP 48 (Recognition and enforcement of order of Irish High Court by Court of Protection which has the effect of depriving person of their liberty in England and Wales. Whether affected party needs to be joined as a party); Health Service Executive of Ireland v PA & Others  EWCOP 38; (Recognition and enforcement of order of Irish High Court by Court of Protection which has the effect of depriving person of their liberty in England and Wales); Re XZ; XZ v The Public Guardian  EWCOP 35 (Limits to the role of the Public Guardian in regulating restrictions and conditions in a lasting power of attorney); An English Local Authority v SW & Others  EWCOP 43 (Cross-border jurisdiction of the Court of Protection. Meaning of “habitual residence” in the context of Schedule 3 of the Mental Capacity Act 2005); Re Gladys Meek; Jones v Parkin & Others  EWCOP 1 (Statutory will in the context of significant financial abuse by deputies having taken place); Re AB  COPLR 381 (Principles upon which the Court of Protection should act where dispensing with service on a party affected by a statutory will application); Baker Tilly v Makar  EWHC 759 (QB) (Need for medical evidence when assessing capacity of a litigant in civil proceedings); Re HM  WTLR 281 (Appointment of deputy preferable to personal injury trust); Re G (TJ)  WTLR 231 (Application of “best interests” principle in relation to statutory gift applications and role of “substituted judgment” under Mental Capacity Act 2005); Re D  Ch 57 (Extent to which Court of Protection should authorise statutory will to forestall contentious probate proceedings); Re MN  WTLR 1355 (Leading authority on Court of Protection’s international jurisdiction. Extent to which Court of Protection entitled to have regard to “best interests” on application to recognise and enforce order of foreign court in relation to incapacitated person); Baker v H  WTLR 1719 (Test case on the criteria for setting the level of security bonds for deputies); Re P  Ch 33 (Application of “best interests” principle in relation to statutory will applications); Re J  Ch 33 (Registration of EPA appointing successive attorneys)
Called 1994, Lincoln’s Inn; QC 2017; Deputy Chancellor Diocese of Leicester 2014; Recorder 2012; Junior Counsel to the Crown (B panel) 2001-07; General editor Heywood & Massey ‘Court of Protection Practice’; Frequently lectures on issues relating to the Court of Protection. Member of the Lord Chancellor’s department working group 2002-03 (reviewing the operation of enduring powers of attorney); member of the working party advising the DCA on the Court of Protection Rules 2007; member of the Court of Protection Rules Committee and the Court Users’ Group.
Chancery Bar Association; ACTAPS; STEP; Ecclesiastical Law Society. Honorary member Solicitors for the Elderly.
Sherborne School, Dorset; St Anne’s College, Oxford (1993 BA Hons).
For some, 5 Stone Buildings is ‘the best Chancery set bar none’. Members have an ‘excellent depth of knowledge on contentious probate, trusts and estates, as well as Court of Protection matters’, along with pensions and art and cultural property issues. ‘Even the most junior counsel provides solid advice and there are some big hitters to utilise for experience’ meaning ‘there is always someone available who can assist and who you can trust to have a good client manner’. In recent news, Toby Bishop joined from Field Court Chambers, while David Rees QC has been elected vice chair of the new Court of Protection Bar Association. The clerks’ room is one of chambers’ greatest strengths, according to solicitors. Senior clerk Paul Jennings is as well-known as his members and is ‘great at maintaining relationships between his barristers and those instructing them’. Jennings ‘runs a tight ship with humour’ and ‘is always available (and commercially realistic) for the discussion of fees’. First junior Dan Coote and second junior Elliott Hurrell are also recommended for being ‘responsive and agile in their approach’; ‘tell them what you need, and they will always find a way to deliver’. Asked how chambers could improve, one solicitor replied: ‘Hard to say when they are so close to perfection’. Offices in: London(Leading Silks) Ranked: Tier 3 (Leading Silks) Ranked: Tier 3