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Court of Protection

Our 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.

Many of these will involve human rights, particularly Articles 5 and 8.

Often applications in the Court of Protection (CoP) are tangled 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.

What the directories say

Esteemed set whose members are well versed in jurisdiction proceedings and have a strong grounding in cases concerning the Mental Capacity Act 2005. The team has strength in community care, social housing, public law and education law, all of which assists both claimant and local authority clients in related Court of Protection cases.

Client service: "Hardwicke barristers are a very friendly group, and their clerks are always helpful."

Chambers UK, 2015

This set's work includes deprivation of liberty, forced marriage and care, contact and residence issues. Much of the work involves human rights aspects, particularly the impact of Articles 5 and 8 ECHR. Sources say it is “a professional set which provides us with great Court of Protection training. It has a solid reputation for the quality and variety of its work in this area.”

Client service: “A slick clerking team which houses pleasant, professional clerks who are always willing to help.” “The clerks know what they are doing and pitch matters at the right level, bearing in mind the members' capabilities.”

Chambers UK, 2014

Our areas of work include:

  • Appointment of deputies 
  • Care, contact and residence
  • Deprivation of liberty (DOLS)
  • Disputes over registration of powers of attorney
  • Forced marriage
  • Medical treatment decisions
  • Statutory wills

Contact us

If you need any assistance in any of these areas, please contact a member of our Practice Management Team on +44 20 7242 2523 or e-mail practicemanagementteam@hardwicke.co.uk.