The 3PB Court of Protection team deals with a wide range of cases arising in the Court of Protection.
Members are regularly instructed by all parties to such proceedings including family members, local authorities, deputies, Protected Parties and the Official Solicitor. We have experience in dealing with cases at all levels of complexity, appearing regularly at both First Avenue House and the Regional Centres. We undertake advisory and advocacy work at all levels.
Members of the 3PB Court of Protection team provide specialist expertise in the fields of Health and Welfare, Property and Affairs, Medical Treatment and the Inherent Jurisdiction of the High Court.
Our considerable experience in wills and probate, trusts, administration of estates and family provision means we are well placed to provide accurate and practical advice to all our clients. We are also happy to provide supportive and explanatory advice to those unfamiliar with this area.
Our areas of expertise include:
- Deputyship matters
- Statutory wills
- Lifetime gifts
- Deprivation of liberty applications
- Property and Affairs matters generally
- Lasting Powers of Attorney and Enduring Powers of Attorney
- All aspects of mental capacity
- Medical treatment (including end of life care)
- Best interests decisions.
Health and Welfare
3PB Barristers have a range of barristers who specialise in Court of Protection cases concerning Health and Welfare. Common issues include:
- Deprivation of liberty applications
- Giving or refusing consent for any medical treatment including surgery
- The decision to refuse life sustaining treatment
- Day to day welfare such as routine, dress or diet
- Dealing with Social Service on their behalf
- Where to live – choosing if the donor should be placed into a care home or stay home. Also choosing which care home the donor would be placed in
- Access to medical records and personal information.
3PB’s specialist Court of Protection barristers are experienced in dealing with issues arising from all of the above and are regularly instructed by family members, local authorities, deputies, Protected Parties and the Official Solicitor
Property and Affairs
3PB Barristers have a range of barristers who specialize in Court of Protection cases concerning Property and Final Affairs issues. Common issues include :
- Deputyship matters
- Statutory wills
- Lifetime gifts
- Paying bills
- Dealing with bank and building society accounts
- Claiming any benefits, pensions and allowances
- Buying or selling property
- Continuing gifts to family and charities.
3PB’s specialist Court of Protection barristers are experienced in dealing with issues arising from all of the above and are regularly instructed by family members, local authorities, deputies, Protected Parties, the Office of the Public Guardian and the Official Solicitor
Where a specialist property barrister is required please see our property group pages.
Inherent Jurisdiction of the High Court
Many cases require consideration of whether or not to invoke the inherent jurisdiction of the High Court to protect children and vulnerable adults. Common issues include:
- The interplay between the Children Act 1989 and the Mental Capacity Act 2005, often in respect of 16 and 17 year-olds
- Protection of vulnerable, but capacious, adults
- The interplay between the divisions of the High Court and the Court of Protection.
3PB’s specialist Court of Protection barristers are experienced in dealing with issues arising from all of the above and are regularly instructed by family members, local authorities, deputies, Protected Parties, the Office of the Public Guardian and the Official Solicitor.
Medical Treatment
3PB barristers have been involved in many cases concerning medical treatment of those who lack capacity. Common issues include:
- Giving or refusing consent for any medical treatment including surgery
- The decision to refuse life sustaining treatment
- Access to medical records and personal information.
3PB’s specialist Court of Protection barristers are regularly instructed by family members, local authorities, deputies, Protected Parties, NHS trusts and the Official Solicitor.
Our Court of Protection Barristers...
Junior Counsel
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3PB Barristers (3 Paper Buildings) breaks another record in the latest edition of Chambers and Partners with a total of 96 rankings (81 last year) achieved by 80 of its barristers. The national set is rewarded with accolades in 21 areas of law, in the London Bar as well as in the North Eastern, South Eastern, Western and Midlands Circuits and exceptional comments for its expertise and service delivery. Click here to view the full...
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3PB Barristers (3 Paper Buildings), one of the UK's largest chambers, is celebrating this year again its rankings - totalling 167 - in the Legal 500 2025’s edition published today, a 15% increase on last year’s 145. The set is ranked in 23 areas of law, across 4 UK Circuits: London, South Eastern, Western and the Midlands. 3PB’s barristers are also ranked in the Middle East and Asia Pacific regions. The Legal 500 acknowledges 3PB...
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3PB's public law barrister Matthew Wyard has been appointed as the new chair of the West Midlands' Court of Protection Practitioners Association (CoPPA). The West Midlands CoPPA committee was established in 2018 with the aim of bringing together the thriving network of Court of Protection practitioners in the region. Their AGM and a case law update was held last Tuesday 16 July at the Birmingham offices of law firm Irwin Mitchell. The network offers a...
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3PB Barristers’ (3 Paper Buildings) specialist Court of Protection barrister Matthew Wyard (pictured here) explores the recent Court of Protection property and affairs case of Irwin Mitchell Trust Corporation v (1) PW (2) the Public Guardian [2024] EWCOP 16. The case revolved around whether the appointment by a professional deputy of a linked asset management firm was a breach of the rule against conflict of interest. Spoiler: the court found that it did amount to...
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3PB Barristers’ (3 Paper Buildings) specialist Court of Protection barrister Matthew Wyard (pictured here) analyses the recent Court of Protection property and affairs decisions of PSG Trust Corporation Ltd v CK [2024] EWCOP 14 and Re: P (Statutory Will) [2024] EWCOP 12. In PSG Trust Corporation Ltd v CK [2024] EWCOP 14, the Court considered how a property and affairs deputy should approach the issue of whether to inform P of the value of a...
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3PB Barristers’ (3 Paper Buildings) specialist Court of Protection barrister Matthew Wyard (pictured here) has written on the recent Court of Protection property and affairs decision of TA v the Public Guardian, a case confirming the scope of a certificate provider’s duties when executing a LPA. In his article, Matthew offers a detailed summary of case and explores what the decisions handed down means for Court of Protection and Private Client practitioners. To read Matthew’s full...
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3PB Barristers (3 Paper Buildings) breaks another record in the latest edition of Chambers and Partners with a total of 81 accolades. The national set is rewarded with rankings in 18 areas of law, in the London Bar as well as in the South Eastern, Western and Midlands Circuits and exceptional comments on its service delivery, including praise for its “sublime service” and its "ability to manage matters in a professional and comprehensive manner second...
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Episode 7 of 3PB Barristers’ (3 Paper Buildings) Court of Protection and community care podcast CoP Comm is now available to download. In this episode, co-presenters Matthew Wyard and Jim Hirschmann are joined by fellow 3PB Court of Protection barrister Jennifer Kotilaine to discuss Manchester University Hospital NHS Foundation Trust v JS and Manchester City Council [2023] EWCOP33. All episodes of Cop Comm are available to stream via major podcast platforms including Apple Podcasts, Spotify,...
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3PB has got better and betterLegal 500