Court of Protection

Meet the team

Irwin Mitchell

Sheffield, England

07701280778

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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.

Organigram

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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.

Testimonials

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.”- RB (father of client)

B- “The Court of Protection team are highly professional and equally compassionate and understanding” –MT (mother 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”. (family of client)

E- I trust the team at Irwin Mitchell. They have my daughter’s best interest in mind at all times” (parent 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.” – DE (mother of client)

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

We are members of the Court of Protection Court Users Group and several members of the team hold positions on the Committee of the Court of Protection Practitioners Association at national and regional level.

Our partners act as expert witnesses for future Court of Protection and deputyship costs

Whitepapers and Articles

Brain Injury Week – Acting as Professional Deputy by Racheal Oakwood (an overview of the role of the professional deputy)

Rathbones Knowledge and Insight – Court of Protection and Conveyancing- a Guide for Practitioners by Katie Strong Court of Protection and conveyancing – a guide for practitioners | Rathbones (an overview of the Court of Protection processes and restrictions for buying and selling property when acting as deputy)

Personal Injury Journal – “Personal Injury Costs: No one size fits all” by Richard Jervis (an article on professional deputyship costs in PI claims)

BABICM Members Magazine – Case Management Due Diligence : Teasing out the Nuances by Katie Strong and Damian Hodkinson BABICM Members Magazine HR Winter 2022 (3) (fliphtml5.com) (an update in changes to legislation concerning case managers how we undertake due diligence when instructing case management companies)

Meet the team