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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

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

Richard Dew - Chambers UK 2023

"She is great with clients and has a great intellect as well. She is really good on complex legal issues."

Georgia Bedworth - Chambers UK 2023

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

Naomi Winston - Chambers UK 2023

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

Chambers UK 2023 - Court of Protection

"A charismatic and efficient barrister who is always well prepared"

Richard Dew - Chambers UK 2022

"She is very experienced, great technically and gives her instructing solicitors and clients great confidence"

Georgia Bedworth - Chambers UK 2022

"She is reliable, efficient and excellent at communicating with her solicitors and clients"

Naomi Winston - Chambers UK 2022

"The clerks are professional, knowledgeable, helpful and always available to discuss costs to accommodate their clients' objectives"

Chambers UK 2022 - Court of Protection

"His judgement is finely tuned and he is very approachable. Technically superb."

Richard Dew - Chambers UK 2021

"She is meticulous and her written advice is more thorough than you could ever imagine. She knows the law inside out."

Georgia Bedworth - Chambers UK 2021

"She is very thorough and great on her feet. She breaks down problems into manageable and understandable parts that are easily digestible."

Naomi Winston - Chambers UK 2021

"Everyone on the team is very polite and incredibly pleasant to deal with."

Chambers UK 2021 - Court of Protection

"A trusted pair of hands who is excellent on complex international matters."

Chambers UK 2020

"Considerate and thoughtful, but won't hesitate to stand firm"

Chambers UK 2020

"Ten Old Square is a versatile set capable of handling complex cases for private, often vulnerable clients, local authorities and the Official Solicitor."

Chambers UK 2018

"Calm, sophisticated, smooth, highly intelligent and a shrewd strategist"

Chambers UK 2017

"Very diligent, very well prepared"

Chambers UK 2016

"Top of the tree for Court of Protection" 

Chambers UK 2015

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.

Why instruct Ten Old Square?

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.

Where do you appear in Court?

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.
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