Court of Protection: Health & Welfare - All Circuits
What the Team is Known For
St John's Buildings houses "a large team who have a range of experience" within health and welfare proceedings in the Court of Protection. Members are regularly instructed in serious medical treatment matters, including disputes concerning the termination of treatment and the withdrawal of artificial hydration and nutrition, and also offer expertise in deprivation of liberty and capacity to consent to sexual relations cases. The set's broad client base includes the Official Solicitor and families of vulnerable individuals, as well as several local authorities and clinical commissioning groups. In recent years, tenants have acted on a range of matters arising as a consequence of the COVID-19 pandemic such as disputes around capacity to consent to vaccinations and contact arrangements for people in care homes.
Suzanne Heron is the lead clerk for Court of Protection work.
Strengths
"The clerks are usually very quick to respond to requests and will always revert if they need to make further enquiries before confirming."
"The clerks are always speedy at responding, helpful and you never have to chase. The teams go above and beyond for you."
Notable Practitioners
Joseph O'Brien KC is a well-recognised silk and acts for a broad range of clients including local authorities, clinical commissioning groups and the Official Solicitor. He has a broad practice that encompasses medical, welfare, and property and affairs matters, and is a noted expert in deprivation of liberty cases. "Joe has encyclopaedic knowledge of all aspects of COP work, which inspires absolute confidence in his advice. His case preparation leaves no stone unturned and is a truly compelling advocate." "He is a very skilled advocate whose written submissions are excellent."
Jonathan Bellamy is noted for his expert handling of health and welfare cases concerning contact with others, residence and deprivation of liberty. He regularly acts for the Official Solicitor, as well as local authorities and family members. "Jonathan is a very calm and collected barrister. His advice and work has always been very concise and it is a comfort knowing he is providing advice on a matter." "Jonathan's advice is always well thought through and sensible. He offers solutions to problems that others wouldn't. 'Cool, calm and collected' best describes his presence." "He is very measured and quite tactical."
Lorraine Cavanagh KC has expertise in cases concerning medical treatment issues and sexual relations of incapacitated people, particularly involving concurrent matrimonial litigation. She is also experienced in matters relating to the transition from child to adult services. "Lorraine is a very good advocate and very robust."
Lucinda France-Hayhurst is a talented junior barrister who regularly acts for the Official Solicitor in complex cases concerning forced marriage and capacity to consent to sexual relations. She also has experience representing local authorities in judicial reviews and cases concerning ordinary residence. "Lucinda's attention to detail is exceptional. This combined with a fair and robust approach to safeguarding work makes her a favourite client choice for local authority work." "Her drafting is second to none and her advice is logical and practical. She is my go-to barrister for complex queries."
Eleanor Keehan is a highly sought after Court of Protection practitioner with extensive knowledge of the Mental Health Act. She is very well versed in numerous aspects including deprivation of liberty and care proceedings. She is very adept at acting for local authorities as well as family members and individuals. "Eleanor's advocacy has been superb. Her manner with very vulnerable clients, in very challenging circumstances, has always been perfectly tailored to the clients and balanced being kind, but thorough." "Eleanor is an experienced and professional practitioner who provides well-reasoned advice. She is calm under pressure and a force to be reckoned with."