David Rees KC > Chambers of Penelope Reed > London, England > Lawyer Profile
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David Rees KC
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).
Lawyer Rankings(Leading Silks)Ranked: Tier 2
David Rees KC –5 Stone Buildings ‘David has an outstanding mind and quickly grasps the most complex issues, but then combines that with great communication skills and a practical approach. He focuses on getting a positive outcome by seeking to engage with all parties rather than taking an unnecessarily adversarial approach. He is the number one choice for CoP work.’
5 Stone Buildings is ‘a go-to set’ for Court of Protection property and affairs work and has ‘a number of very useable, knowledgeable and high quality counsel’. David Rees KC in Re CI, a cross-border property and affairs case, advised the petitioner’s deputy on the extent of his powers and the steps needed to obtain recognition of his orders in other jurisdictions to protect the petitioner’s interests in the offshore settlements worth £100m.
David Rees KC –5 Stone Buildings ‘David is magnificent. He has a fantastic ability to distil complex issues into a clear and persuasive narrative. He is hands-on silk and invests the time to really get to grips with a case which inspires real confidence. His oral advocacy is clear and impressive. ’