TL4
Virtual

Sudden Incapacity: Legal implications under the prevalence of Covid

23 Mar 2021

Location: Zoom (4.30pm-5.30pm GMT)


Sudden Incapacity: Legal implications under the prevalence of Covid

Highlights

On the day of national reflection, Sarah Williams from Payne Hicks Beach, will be chairing a panel who will share their expertise on issues arising from sudden incapacity. Topics for discussion will include: ascertaining wishes of P, navigating disputes between the clinical team and the family, the role of ICU mediation, perspectives on contested disputes, recent COVID-related judgments, as well as looking at the impact upon P’s property, financial and family affairs from a Trust and Family Law perspective. 

 

Sarah Williams
Legal Director
Payne Hicks Beach

Sarah is a Legal Director in the Payne Hicks Beach Family department, and the Head of the Surrogacy, Adoption, Fertility and Modern Family law practice. In addition, Sarah has a Court of Protection practice focused on health and welfare disputes concerning vulunerable and incapacitated adults. She has a wide range of experience including disputes concerning end of life care. Sarah spent the first decade of her career as a practising Family Barrister at a leading set of chambers representing parents, children, guardians and the Official Solicitor in both public and private law. Sarah was appointed as Junior Counsel to the Crown by the Attorney General after a highly competitive selection process.

Prior to joining Payne Hicks Beach, Sarah was in-house Counsel for a US firm where she worked extensively on an ultra-high net worth Californian divorce and contested children proceedings. Thereafter she joined a specialist family law firm where she developed her expertise in complex international surrogacy, fertility and modern family law, representing internationally famous clients from the fields of sports and media.

“Possessed of that winning combination of intelligence, capacity for hard work and charm”, Sarah is adept at handling her cases with the utmost discretion and sensitivity. She is “a true fighter in pursuit of her clients’ interests” and determined to get the very best outcome for them. She is often called to comment on the latest legal developments by the national press and makes regular contributions to specialist family law journals.

Sarah is a member of the Family Law Bar Association, Association of Lawyers for Children and both the Adoption Committee and the Assisted Reproduction Technology Committee of the American Bar Association. She is the Vice Chair of the Bar Liaison Committee and sits on the Executive Committee of Inner Temple. She is an active member of the Mentoring Scheme for pupil barristers at Inner Temple.


Sarah Williams
Sarah Williams Legal Director
Payne Hicks Beach
Jennifer Lee
Barrister
Pump Court Chambers

Jennifer Lee is a specialist family law practitioner. She has a thriving practice in the area of family finance, and has successfully represented high net worth clients in cases involving family businesses, inherited wealth, substantial pensions, nuptial agreements, and trusts. Many of her cases also involve foreign assets and cross-jurisdictional issues, such as the validity or otherwise of an overseas marriage or divorce, or competing claims in multiple jurisdictions (including cases pertaining to Asia and Africa).

Jennifer has appeared in a number of high-profile reported cases, most notably in Veluppillai v Veluppillai & Ors [2015] EWHC 3095 (Fam) (High Court), in LFL v LSL (McKenzie Friends & Breach of Court Orders) [2017] EWFC B62, and more recently, in N v N (Afghanistan: Validity of an overseas marriage: Procedure)[2020] EWFC B55.

Over the years, Jennifer has also developed an interest in the Court of Protection, particularly where there are overlaps with divorce/financial claims, and in complex children law including surrogacy and modern families, having acted in Human Fertilisation and Embryology Act cases. She leads the Court of Protection Team with Leslie Samuels QC.

Jennifer continues to be ranked as a “Leading Junior (Tier 1)- Family and Children Law” in The Legal 500, and as a specialist in “family/matrimonial law” in Chambers & Partners (UK Bar). She appears at all levels of court, and also regularly appears in arbitrations, private FDRs and mediations. She sits as a private FDR “judge” in Chambers. Jennifer has been highly commended for her attention to detail and her robust approach, both in negotiations and during hearings.

Jennifer is a member of the Chartered Institute of Arbitrators (ACIArb), the Family Law Bar Association (FLBA), LAWASIA, and Resolution. She sits on Resolution’s ED&I Committee. Jennifer is also an active member of Chambers, and sits on the Family Team Action Committee, the Marketing Committee, and the Pupillage & Tenancy Committee (with a portfolio for pupillages). She regularly presents seminars and contributes to various publications on topical family law matters.


Jennifer Lee
Jennifer Lee Barrister
Pump Court Chambers
Dr Chris Danbury
Consultant, Intensive Care Medicine
University Hospital Southampton

Chris an experienced mediator and the only practicing doctor on either of the panels used by NHS Resolution to mediate clinical negligence disputes.

His background as a practicing intensive care consultant gives him a unique perspective on healthcare disputes. His clinical job involves making time critical life and death decisions.

 


Dr Chris Danbury
Dr Chris Danbury Consultant, Intensive Care Medicine
University Hospital Southampton
Jessica Henson
Partner
Payne Hicks Beach

Jessica is a private client partner specialising in risk and disputes in relation to trusts and estates.

Jessica has accrued extensive trust litigation experience both in England and offshore. Her cases have included both seeking and defending the removal of trustees, protectors and executors; rectification and variation of trusts; setting aside and defending trusts on the basis of sham allegations; challenging trustees’ decisions and advising trustees on making decisions in contentious circumstances; challenging trustees’ fees; claims for breach of fiduciary duty; and associated professional negligence proceedings against tax and legal advisors. 

Equally, Jessica frequently advises on probate and estate disputes, including invalidity claims, capacity and construction issues, as well as claims under the Inheritance (Provision for Family and Dependents) Act 1975.

Jessica has also built up particular expertise in advising trustees and beneficiaries on issues of trust law in the context of divorce proceedings – both in relation to proceedings in the Family Division and in the corresponding offshore trust jurisdictions. 


Jessica Henson
Jessica Henson Partner
Payne Hicks Beach
Michael Mylonas QC
Barrister
Serjeants’ Inn Chambers

Michael leads the Serjeants’ Inn Chambers Court of Protection team. He is ranked as a Band 1 Silk for Court of Protection work by both leading legal directories, he is also ranked as a leader in the field for Clinical Negligence and Professional Discipline and Regulatory law.

His work is described by the Lawyer as “a series of ground-breaking cases at the intersection of biology, ethics and law, often pushing regulatory boundaries and shaping the public debate”.

Michael has a broad practice involving healthcare, regulatory work (CQC and MPTS and sports discipline), health & safety work (including major inquests and criminal prosecutions). He has been instructed on behalf of private individuals and organisations, corporate and state entities in relation to multiple and individual deaths and has devised strategies for clients and provided representation at major Inquests and Inquiries.

He has a substantial private client practice and is often instructed in cases concerning the Court’s jurisdiction to safeguard the interests of those who lack capacity. He frequently advises both domestic and international clients on Court of Protection remedies and strategies and has appeared in many of the leading cases concerning medical treatment, assisted dying, euthanasia and fertility treatment. He is highly sought after by clients seeking advice in this area and the overlap with family and probate work.

He is regarded as a shrewd tactician and for his commitment to reaching the right result.


Michael Mylonas QC
Michael Mylonas QC Barrister
Serjeants’ Inn Chambers

Agenda

4.25pm
Audience Logon
4.30pm
Chair's Opening Remarks
Speakers:
Sarah Williams - Legal Director - Payne Hicks Beach
4.35pm
Sudden Incapacity: Legal implications under the prevalence of Covid
  • The definition of incapacity and determining best interests of the patient
  • Trusted advisors of the patient and next of kin
  • Disputes with the clinical team and how to navigate it
  • The role of ICU mediation and the pathways to agreement and resolution in the Court of Protection
  • The legal implications if live legal proceedings (or legal decisions e.g with trusts) involve the incapacitous individual
Speakers:
Dr Chris Danbury - Consultant, Intensive Care Medicine - University Hospital Southampton
Jessica Henson - Partner - Payne Hicks Beach
Jennifer Lee - Barrister - Pump Court Chambers
Michael Mylonas QC - Barrister - Serjeants’ Inn Chambers
5.20pm
Panel Q&A
5.30pm
Chair's Summation & Close of Event
Speakers:
Sarah Williams - Legal Director - Payne Hicks Beach