BARRISTER PROFILE

39 Essex Chambers

Francesca P. Gardner

London, UK UK Bar Guide 2021 Ranked in 1 departments
Ranked in : Court of Protection: Health & Welfare
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UK Bar
Court of Protection: Health & Welfare - All Circuits

Band 2

Content
Francesca Gardner
Adept at handling the full range of Court of Protection matters, including serious medical treatment cases and welfare disputes. Her instructions come from a broad range of clients including the Official Solicitor, private individuals and an array of public sector bodies. 
Strengths: "She is responsive and gets on top of papers early. She works in a collaborative way and is a pleasure to deal with." "She is kind, approachable and very reliable. She is very thorough and gets to the heart of the issue quickly. While she has a gentle manner with clients, she is a tenacious advocate and holds her own against very experienced juniors and silks." "She takes a confident and robust approach in court."
Recent work: Represented P via her litigation friend the Official Solicitor in the first case in the Court of Protection to address the test for the assessment of a person's capacity to make decisions about their use of the internet and social media.
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This content is provided by Francesca P. Gardner

Practice Areas

Francesca is a specialist in all areas of mental capacity and mental health law. Francesca’s practice encompasses all areas of Court or Protection work, including welfare disputes, serious medical treatment and property and affairs matters. Francesca receives regular instructions from individuals, the Official Solicitor, local authorities, NHS bodies and care homes. Francesca regularly acts in complex welfare proceedings and has a particular interest and experience in cases involving: cross border placements and disputes (with particular interest in cross border placements from Scotland); children and deprivation of liberty; the international protection of adults (for example, Francesca has recently been instructed to advise on cases involving Japan, Kenya and the United States of America); cases involving both welfare and financial disputes; and safeguarding vulnerable adults within the Inherent Jurisdiction of the High Court.

Francesca's practice is unique in that Francesca specialises in Health & Welfare and Property & Affairs within the Court of Protection. Francesca'a property and affairs practice regularly involves advising on issues relating to: the scope of the role of a financial deputy, lasting powers of attorney; statutory wills and financial abuse.

Francesca also has extensive experience in Mental Health Law, including representing patients before the First- Tier Tribunal and Nearest Relative Displacement Proceedings. Francesca has extensive experience in cases concerning the interface between the Mental Health Act 1983 and the Mental Capacity Act 2005.

Francesca also has a particular interest in and regularly advises on matters of social care charging, with a particular focus on debt recovery.

Career

Bar Vocational Course- BPP Law School- 2009

Professional Memberships

Grays Inn Member of the North Eastern Circuit Court of Protection Practitioners Association – Committee Chair (Yorkshire & Humber)

Publications

The Cold Front: Private Client Advisor

Support Network: litigation friends- Private Client Advisor

Work Highlights

A selection of the cases Francesca has recently been instructed are set out below:

B-v-a Local Authority [2019] EWCA Civ 93

Re B (Capacity: Social Media: Care and Contact) [2019] EWCOP 3

SR v A Local Authority &Anor [2018] EWCOP 36

The Hospital Trust v V & Ors [2017] EWCOP 20

AG, Re [2016] EWCOP 37 (6 July 2016)

SAD & Anor v SED [2017] EWCOP 3

LCC v J K [2016] EWCOP 59

NCC v TP (Capacity of TP) [2016] EWCOP B3

NCC v TP [2016] EWCOP B4

NCC v TP (Best Interests) [2016] EWCOP 61

IH (Observance of Muslim Practice) [2017] EWCOP 9 (12 June 2017)

UK Bar
Francesca P. Gardner

39 Essex Chambers

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