Sudden Incapacity: Legal implications under the prevalence of Covid
23 Mar 2021
Location: Zoom (4.30pm-5.30pm GMT)
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.
Partner
Payne Hicks Beach
Payne Hicks Beach
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.
Pump Court Chambers
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.
University Hospital Southampton
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.
Payne Hicks Beach
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.
Serjeants’ Inn Chambers
Agenda
- 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
Dr Chris Danbury - Consultant, Intensive Care Medicine - University Hospital Southampton
Jessica Henson - Partner - Payne Hicks Beach
Jennifer Lee - Barrister - Pump Court Chambers
Michael Mylonas KC - Barrister - Serjeants’ Inn Chambers