Skip to content

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 2020 which states: “Ten Old Square offers a broad expertise in property and affairs matters, drawing on the set’s recognised strength in private client work. Members are particularly well regarded for their handling of Court of Protection cases involving statutory will applications, and cases concerning the sale of property, tax arrangements and lasting powers of attorney. Members act for a range of interested parties, including individuals, their families and the Official Solicitor.”

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

"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.
Barrister Portfolio
Barristers / Name Call CV Email

Remove All

Click here to email this list of barristers to a colleague.