Georgina Byrne

Practice Areas

Georgina is a solicitor in the Public law and Human Rights department, and has considerable experience in the fields of mental capacity and community care law.

Georgina often represents vulnerable individuals in matters in the Court of Protection, brought under the Mental Capacity Act 2005 regarding the vulnerable adult’s mental capacity and best interests in respect of issues concerning their health, welfare, and property and financial affairs.

Georgina is regularly instructed in Court of Protection proceedings by the Official Solicitor, other litigation friends, family members, professional deputies, and advocates. She is also an Accredited Legal Representative for welfare matters in the Court of Protection.

In her Court of Protection practice, Georgina acts and advises in a wide range of complex matters. Her cases often concern the interface between the Mental Capacity Act 2005 and the Mental Health Act 1983, the interaction between the Mental Capacity Act 2005 and the criminal justice system, and cross-border issues.

In her day-to-day practice, her work involves a wide range of health and social care issues. Georgina assists clients in community care matters involving the Care Act 2014, the Care and Social Services and Well-being (Wales) Act 2014, and regulatory frameworks. She helps her clients to navigate through difficult and uncertain times by securing the local authority or NHS service provision that either they or their family need, securing appropriate accommodation amongst other things. Georgina understands the importance to her clients of the need to avoid litigation, wherever possible. She has experience in bringing judicial reviews in respect of issues regarding care planning and provision and as also advised her clients in respect of care charges.

Georgina has a developing practice in advising in relation to the healthcare and medical treatment issues of incapacitated adults and children, including in cases brought under the inherent jurisdiction of the High Court.

Career

Georgina graduated from the University of Manchester with a degree in Law (LBB) in 2014.

Georgina achieved a distinction in her International and European Human Rights Master of Laws (LLM) from the University of Leeds in 2015.

Georgina completed the Legal Practice Course in 2018, achieving a distinction.

Georgina joined a specialist mental capacity and community care practice in London in 2015 and qualified as a solicitor there in October 2020.

Georgina joined Bindmans in October 2023.

Work Highlights

As a trainee solicitor and newly qualified solicitor at her previous firm, Georgina assisted the sole director on the following reported cases in the Court of Protection:

Sexual relations and contraception: P (Sexual relations and contraception) [2018] EWCOP10

Fluctuating capacity: The Royal Borough of Greenwich v CDM (by her litigation friend, the Official Solicitor) [2018] EWCOP 15

Contempt of court and committal: P v Griffith [2020] EWCOP46

Habitual residence and cross-border issues: AB v XS [2021] EWCOP 57