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 is a family law barrister at Pump Court Chambers (London) with particular expertise in complex financial remedies and modern families. She is named as one of a handful of “Top Recommended” barristers in the UK in the prestigious Spear’s Legal Index 2024/25, and has been consistently ranked as a “Leading Junior (Tier 1)” in The Legal 500 and in Chambers & Partners (UK Bar) in family law.
Well-known for her ability to ‘grapple with complex matrimonial finance work in a heartbeat’, she regularly represents HNW clients in cases with inherited wealth, family businesses, nuptial agreements and trusts, many of which involve tax complications and international elements, such as the validity of overseas marriages/divorces or competing claims in other jurisdictions. She is also experienced in Schedule 1 claims concerning financial provision for children, and cohabitee and trusts of land disputes.
Described by the leading directories as ‘a fierce and outstanding advocate’ with ‘exceptional attention to detail’, ‘a complete powerhouse’ and ‘an absolute class act’, Jennifer has appeared in high-profile cases in the High Court and Court of Appeal. She retains a niche practice in modern families, including surrogacy, and has an interest in capacity issues in the context of family law. Her expertise in these intersections of law makes her uniquely placed to advise clients when novel issues arise.
Jennifer is a fee-paid Judge of the Tax Chamber (FTT). She is head of the International Team and Court of Protection Team in chambers, and sits on the prestigious Financial Remedies Journal Editorial Board. She is a member of the FLBA, LAWASIA, and Resolution (ED&I Committee). She writes regularly for leading legal publications, and is often invited to speak at family law conferences in the UK and abroad.

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