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Court of Protection & Mental Capacity

Hardwicke’s barristers regularly appear in the Court of Protection (including the High Court), dealing with disputes over the welfare and property of adults lacking capacity under the Mental Capacity Act 2005. They also have experience of acting in “inherent jurisdiction” cases.

Issues include disputes over registration of powers of attorney; appointment of deputies; statutory wills; forced marriage; medical treatment decisions; deprivation of liberty (DOLS); and care, contact and residence. Many of these will involve human rights, particularly Articles 5 and 8.

Often applications in the Court of Protection (CoP) are intertwined with disputes over service provision, which have a public law element. Important tactical decisions may need to be taken early on about whether an application should be made in the first instance to the CoP or to the Administrative Court. We can advise and provide urgent assistance in cases where capacity is in dispute, and where the welfare of an elderly, disabled or otherwise vulnerable person is at stake.

The Senior Practice Manager for Mental Capacity work is Daniel Kemp, who can be reached on 020 7691 0003 or email daniel.kemp@hardwicke.co.uk. Alternatively, please call any of our friendly and professional practice managers on 020 7242 2523 or email enquiries@hardwicke.co.uk.

Recent cases:

A (By His Litigation Friend The Official Solicitor) v. Independent News & Media Ltd & Ors [2010] 1 WLR 2262

G v. (1) E (By His Litigation Friend The Official Solicitor) (2) A Local Authority (3) F(2010) 4 All ER 579

Contact Us

Hardwicke Building, New Square
Lincoln's Inn, London, WC2A 3SB

T: +44 (0) 20 7242 2523
F: +44 (0) 20 7691 1234

© Hardwicke 2012

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Hardwicke Awards: BSN UK Diversity Legal Awards 2011 Winner DLT Chambers of the Year, The Legal 500 Leading Set, Chambers UK Bar 2012 Leading Set, Investors in People