Court of Protection

Ten Old Square is a leading set for Court of Protection work, with a particular emphasis on Property & Financial Affairs.

We are one of only three sets ranked by Chambers UK for Court of Protection: Property & Affairs work in the legal directories, with several of our barristers also ranked as leading individuals in this area.

Contact Us

For more information or to instruct our barristers, please contact our clerks.

Call:: +44 (0)20 7405 0758
Email:: clerks@tenoldsquare.com

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Experience

Our Court of Protection barristers have expertise in all types of Court of Protection and mental capacity work relating to property and affairs. This includes:

Statutory will applications (including urgent applications)
The appointment, removal and control of deputies (including calling in deputy bonds)
Lasting powers of attorney (LPAs), including their validity, extent and registration
Gifts, settlements and tax planning for the protected party
Authorising the sale of land or other property
Authorisations relating to businesses, partnerships / LLPs, and investments
Variation of trusts
Authorising (or stopping) the conduct of litigation by deputies and attorneys
The international jurisdiction of the Court of Protection
Costs

Our barristers also have experience of cases where property and affairs issues overlap with welfare issues, including questions about where the protected party should live and who should have contact with them.

We are also renowned for our work in several fields that interact with Court of Protection work, including Contentious Trusts & Estates, Private Client (including Tax) and Partnership & LLPs. As a result, our barristers are often involved in complex Court of Protection cases with an international element and/or relating to high-net worth individuals.

Our barristers answer Questions for Counsel on mental capacity issues for Practical Law, and contribute to the Court of Protection Law Reports.

Significant Cases

Key cases in which our barristers have been involved include:

Irwin Mitchell Trust Corp v PW [2024] EWCOP 16, [2024] WTLR 943 (conflicts of interest)
BH v JH [2024] EWCOP 12, [2024] WTLR 391 (service of statutory will applications)
Hinduja v Hinduja [2022] EWCA Civ 1492 (reporting restrictions)
Re P; M v P [2019] EWCOP 42, [2020] COPLR 305 (dispensing with service and notification of statutory will applications)
Re Z [2019] EWCOP 55, [2019] COPLR 367 (disclosure of documents from CoP proceedings)
Re JDS [2012] EWHC 302 (COP), [2012] COPLR 383 (gifts and tax planning)

"Members are regularly instructed in statutory will and gift applications, drawing on the set's recognised strength in private client and tax law."

"They are very technical barristers, with a forward-thinking and problem-solving attitude."

"Georgia is technically brilliant. In the most complex of cases, she is able to provide advice that is crystal-clear and pragmatic."

"The clerks are extremely quick and responsive."

"There is good clerking, providing a very responsive and proactive service."

"The clerks at Ten Old Square are very good."

"Naomi deals with complex arguments in a reasoned and logical way. Her advice and advocacy is well thought out, clear and concise."

"Richard is brilliant. He has a 'can do' attitude, ideal for tricky cases."

"She is also highly organised and efficient on conference and instils confidence in lay clients. Naomi is practical and commercial and a real pleasure to work with."