We offer expert legal advice and representation with barristers who specialise in Chancery and Commercial law.
Chambers has extensive, collective expertise and considerable practical experience of how multiple legal disciplines often overlap when applied to the actual issues our clients face. We also offer highly skilled barristers who practice in areas that fall outside the scope of traditional Chancery law.
Our friendly, professional Clerks’ Room is the principal port of call for anyone who would like to instruct a barrister at Ten Old Square.
Our team of clerks will advise on the expertise and availability of the barristers in Chambers and discuss the most suitable fee structures for your case. They will do this in a speedy and responsive manner, keeping you fully informed throughout the process.
Our clerks offer a very high quality service combined with a down-to-earth and collaborative approach.
If you would like to discuss a specific case, arrange a meeting or receive further information about any of our barristers, areas of expertise or about the way we work in general, please contact our clerks.
Our excellent legal services extend beyond case work to the provision of remote talks, complimentary training events and programmes to support our clients’ continuing competence requirements.
Further details about this can be found on our events page or by contacting Emily Overett.
Ten Old Square is a professional, friendly and forward-looking set.
We are renowned for delivering an outstanding level of service and welcome applications from like-minded individuals.
Ten Old Square is an award-winning set of Chancery barristers’.
Chambers contains some of the finest and brightest lawyers currently practising in all the current Chancery disciplines. Our Chambers comprises of talented barristers whose expertise meets and exceeds the demands of those who approach us needing legal representation and require expert advice of the very highest calibre.
Court of Protection
Ten Old Square have experience at all levels of seniority in Court of Protection work. Our members act for both private litigants and for the Official Solicitor, when appointed as the litigation friend for a person without capacity. We are involved in the full range of work involving a person’s property and affairs, from statutory wills, gifts and lasting powers of attorney to high value and high-profile cases over the management of the affairs of wealthy individuals. We act and advise in both contentious and non-contentious cases.
Ten Old Square is one of only three sets ranked for Court of Protection: Property & Affairs in Chambers UK Bar 2023 which states: “Ten Old Square is a formidable set, offering expertise spanning a wide range of property and affairs matters. Members are regularly instructed in statutory will and gift applications, drawing on the set’s recognised strength in private client and tax law. An instructing solicitor comments: “You always know that you are going to get an expert. All individuals are able to quickly grasp the issues involved and see the big picture.” Additional areas of expertise for the team include disputes surrounding lasting powers of attorney and the sale of property. The set’s tenants routinely act for individuals and their families, as well as the Official Solicitor.
Richard Dew is ranked as a leading junior for Court of Protection work in the Legal 500 2023.
Contact our Court of Protection Clerks
Contact our experienced Clerks to find out which Court of Protection barristers would be ideal for your matter. They have many years of experience and will ensure that you receive a premium service and advise on the suitability, availability and cost of instructing specialist Counsel.
Call +44 (0)20 7405 0758
Email clerks@tenoldsquare.com
Court of Protection Barristers
Simon Taube KC
Call 1980
Samuel Laughton
Call 1993
Robert Arnfield
Call 1996
Evan Price
Call 1997
Richard Dew
Call 1999
Georgia Bedworth
Call 2001
James E. Petts
Call 2002
Philip Jenkins
Call 2003 & Accredited Mediator
Naomi Winston
Call 2006
James MacDougald
Call 2011
James Egan
Call 2015
James Poole
Call 2016 & Accredited Mediator
James Kirby
Call 2017
Adam Stewart-Wallace
Call 2018
Thomas Arnull
Call 2019
Thomas James
Call 2018
Elizabeth Atkinson
Call 2021 & Accredited Mediator
Our Court of Protection Barristers’ Experience
Barristers deal with the full range of property and affairs work in the Court of Protection, including matters where property and welfare issues overlap. Members both appear in court and act in an advisory capacity. With particular expertise in and an enviable reputation for private client work, members of Chambers are regularly involved in gifting applications, tax planning and statutory will applications.
Recent cases have included the affairs of Z (a high-profile individual) a dispute over the validity of Lasting Powers of Attorney in which three members of chambers have been involved and Re MC, a case concerning the provisions of the Will of a wealthy individual with disputes between a number of charities, two of whom were represented by members of Ten Old Square. We have also been involved in numerous statutory Will applications, applications to make gifts and in advising and assisting in Inheritance Tax and Capital Gains Tax planning for incapacitated individuals.
Court of Protection Frequently Asked Questions
What is Court of Protection work?
Court of Protection work is an umbrella term for work concerning individuals who lack capacity. The Court of Protection has authority to deal with all issues concerning a person who lacks capacity, including managing their wealth (including making a gift or will on their behalf, or undertaking tax planning for them) as well as personal welfare issues such as where they should live and who they should contact.
What is the focus of Chambers’ work in this area?
Chambers deal with all aspects of property and affairs work. In addition, we deal with those cases where issues of welfare overlap with property and affairs matters, such as where a person should live, as well as related issues of contact.
Members of Chambers at all levels of seniority have a wealth of experience in Court of Protection matters (which raise issues of best interests) as well as exhibiting excellence in all aspects of private client matters and other business law. Property and affairs in the Court of Protection straddles Chambers’ other areas of expertise where we are recognised leaders: private client, contentious probate, tax and partnership. Being able to marry that experience and those skill sets means that instructing Ten Old Square in your Court of Protection matter means that you get a complete expert service.
We appear in all courts in England and Wales where the Court of Protection sits. Wherever P lives, wherever the hearing is held, we will have an experienced barrister able to appear for you or your client.
How do I select a barrister for a Court of Protection issue?
This website contains details of the barristers at Ten Old Square to assist you. You should speak to one of our clerks who are highly experienced in matching the right barrister to the correct business dispute.
What are the fees for instructing a barrister in a Court of Protection matter?
We aim to provide a cost-effective service and will strive to ensure that our fees are competitive. Our Clerks will advise you of the hourly rate applicable to any barrister in Chambers and for any piece of work and this will be agreed in advance taking into account the nature of the case and its complexity, and the experience of the barrister instructed.
Areas of Court of Protection Expertise
- Lasting powers of attorney, their validity, extent and registration;
- The appointment, removal and control of deputies;
- Deputy and attorney liability and retrospective gift applications;
- Setting aside gifts and invalid payments;
- Gifts, tax planning and other tax arrangements;
- Statutory will applications, including those which are urgent and expedited;
- The sale or other dispositions of property;
- Authorisations relating to businesses, partnerships and investments.
- Variation of trusts;
- Authorising deputies and attorneys to conduct of litigation;
- Preventing deputies and attorneys from conducting litigation
- Where P should live and who should have contact with them;
- The international jurisdiction of the Court of Protection; and
- Costs and the departure from the general rule.
