Court of Protection

Our barristers are regularly instructed in high-profile and complex cases before the Court of Protection.

With significant experience in the related areas of health and social care and social housing, the team is able to advise clients comprehensively at short notice or on an emergency basis, across the full spectrum of Court of Protection issues, including complex legal issues. These include:

• Serious medical treatment cases
• Property and affairs
• Capacity (including fluctuating capacity and capacity to consent to sexual relations)
• Best interests decisions
• Deprivation of liberty
• Forced marriages
• Hoarding
• Return aboard / cross-jurisdiction
• Proceedings under the Mental Capacity Act, Mental Health Act and Children Act
• Matters relating to the Care Act

The team acts on behalf of medical and social care providers, local authorities and public organisations, trustees, families, and individuals. They are adept at guiding clients through all stages of court proceedings, from roundtable/advocates meetings and directions hearings through to final contested hearings with cross-examination of witnesses.

The team also delivers regular seminars and training sessions to practitioners on new developments within this area of law.

To stay in the loop with our Court of Protection team, sign up for updates here.

Court of Protection Masterclass: Navigating Complex Cases

We held a Court of Protection Masterclass in late 2024 exploring complex cases for personal welfare practitioners, led by leading members of the Cornerstone team. Issues under discussion include: hoarding, tenancy orders, closed material, inherent jurisdiction, contempt and managing fluctuating capacity, restraint and orders. You can access this training here. 

Contact the Clerks

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