Lee has a broad public law practice, with particular expertise in local government, social care and healthcare. Lee is also an experienced Court of Protection practitioner.
Recent cases
- Royal Borough of Greenwich v CDM [2018] EWCOP 15, court’s approach to fluctuating capacity.
- Re SH [2018] EWCOP 21, court’s power to appoint an office of a corporation as a deputy (rather than the named office holder).
- Richards v Worcestershire County Council & Anor [2017] EWCA Civ 1998, scope for private law claim arising from non-performance of a public law duty.
- R (GS) v London Borough of Camden [2016] EWHC 1762 (Admin), duties of local authorities under the Care Act 2014.
- Watch Tower v The Charity Commission [2016] 1 W.L.R. 2625, junior counsel for Appellants in case considering the adequacy of a statutory tribunal as an alternative to judicial review.
- R (Hall) v Leicestershire County Council [2015] EWHC 2985 (Admin), junior counsel for Defendant in a challenge to the lawfulness of consultation on proposals to close a museum.
- R (OH) v London Borough of Bexley [2015] EWHC 1843 (Admin), challenge to decision to reduce levels of funding for community care needs.
Expertise
- Public Law and Judicial Review
Lee advises and represents both claimants and defendants in judicial review proceedings.
He is regularly instructed by local authorities, but is also instructed by claimants on matters including: re-organisation of public services, disputes as to the provision of care and challenges to the decisions of ombudsmen and regulators. - Health and Social Care
Lee has extensive knowledge of community care and healthcare law, and regularly advises local authorities and NHS bodies on their duties. Lee is able to help on matters including:
- Care provision duties
- Service provision for those subject to immigration control
- Ordinary residence / responsible commissioner disputes
Lee is ranked in Chambers and Partners as a leading junior in community care law:
“Always willing to listen to a new referral and give immediate advice which is clear in its content.” “He is very helpful and really understands the sector.” Chambers & Partners, 2018
- Court of Protection
Lee regularly appears in the Court of Protection, both in welfare and property and affairs cases. Lee’s Court of Protection cases includes:
- Royal Borough of Greenwich v CDM [2018] EWCOP 15, court’s approach to fluctuating capacity.
- Re NRA & Ors [2015] EWCOP 59, where Charles J considered the process for authorising a deprivation of liberty.
- Re SH [2018] EWCOP 21, where Lee successfully argued before the Senior Judge that the Court can appoint an office as a deputy, rather than appointing a named holder of the office.
- Re MRJ [2014] EWCOP B15, where the Senior Judge considered the court’s power to suspend a lasting power of attorney.
- Lee appears in other welfare proceedings relating to adults, including applications for forced marriage protection orders and proceedings within the High Court’s inherent jurisdiction.
About Lee
- Directory Quotes
- Community Care – “Lee Parkhill handles community care matters as part of his broad public law practice. He acts for both claimants and defendants in disputes over care provision arrangements and decisions.” Strengths: “He is very user-friendly and knowledgeable.”
-
Court of Protection: Health & Welfare – “Lee Parkhill is a dynamic public law barrister offering considerable expertise in Court of Protection, social care, healthcare and local government matters. He is adept at handling cases concerning deprivation of liberty and forced marriage. Regularly instructed by NHS bodies, local authorities, the Official Solicitor and individuals.” Strengths: “Lee is very helpful and approachable.”
- Court of Protection: Health & Welfare –“An impressive advocate who is clear about his client’s position and easy to negotiate with.” “A clear-thinking and measured problem solver.” Chambers and Partners 2022
- Community Care – “Lee is a very good advocate and does some very interesting public law work.” “He is pragmatic and helpful in dealing with vulnerable clients.” Chambers and Partners 2022
- Court of Protection and Community Care – “An excellent barrister. His knowledge of his subject areas is incredible, and he conveys complex information in a clear manner that professional and lay clients understand.” Legal 500 2022
- Court of Protection: Health & Welfare – “Good on the law, sensible and measured.” “He is extremely knowledgeable, bright and practical. A confident and eloquent advocate.” Chambers and Partners 2021
- Community Care – “Handles community care matters as part of his broad public law practice. He acts for both claimants and defendants in disputes over care provision arrangements and decisions. Strengths: “Very calm and collected and obviously knows his stuff. He is admirable and confident.” “A thoughtful and considerate barrister.” “He is approachable and a pleasant to work with – he’s cooperative and very solution-oriented.” Chambers and Partners 2021
- “A persuasive and confident advocate, his knowledge and experience in respect of Court of Protection litigation is outstanding.” Legal 500 2021
- “Lee is excellent – he brings a public law rigour to Court of Protection cases and is able to distil the peripheral detail and cut to the principal points of the case quickly.” “He is down to earth, personable and very good on the law.” Chambers and Partners 2020
- “He is very fair, easy to work with and very knowledgeable about this area of law.” “He’s very organised and is on top of all the papers. He’s a pleasure to deal with.” Chambers and Partners 2020
- Associations
- Constitutional and Administrative Law Bar Association (ALBA)
- Court of Protection Bar Association
