39 Essex Chambers is “widely regarded as having the biggest and best health and welfare [Court of Protection] team in London or anywhere else”. (Chambers and Partners)

39 Essex Chambers has an unrivalled reputation in advising and representing a wide range of clients in both contentious and non-contentious litigation in the Court of Protection.

The Court of Protection Mediation Group have extensive experience of mediating a wide range of disputes that arise in the Court of Protection and (in relation to children), the High Court including serious medical treatment disputes (sometimes at very short notice), welfare disputes concerning residence, contact and care and disputes concerning Lasting Powers of Attorney, Deputies and property and affairs.

Mediating in the Court of Protection gives rise to a number of unique challenges such as ensuring that ‘P’ participates appropriately in the mediation, ensuring parties are only making decisions on matters in respect of which ‘P’ lacks capacity, and ensuring that parties have followed the statutory process for determining where P’s best interests lie. The members of the Court of Protection Mediation Group have the necessary experience to work with parties to meet these challenges.

COURT OF PROTECTION MEDIATION GROUP

The Court of Protection Mediation Group can respond to:• The Court of Protection rules which requires parties

to engage in trying to resolve contested issues before issuing proceedings in health and welfare cases.

• The increasing delays parties are experiencing in obtaining hearings in all Court of Protection proceedings, given the enormous pressure on the court.

• The need for public bodies to keep legal costs to a minimum by resolving disputes as cheaply as possible.

• The importance of rebuilding relationships that need to persist in the future to avoid disputes recurring.

All members of the Mediation Group are qualified mediators and have relevant experience in Court of Protection matters.

We offer fixed fees which include all pre-mediation communications including assistance with setting the parameters of the mediation with the parties, a one day mediation and drawing up the mediation agreement.

Members of the 39 Essex Mediation Group were involved in the implementation of the Court of Protection Mediation Scheme which went live in the Autumn of 2019. Some members offer to mediate under the scheme.

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JENNI RICHARDS qc (Call 1991, Silk 2011)

Jenni specialises in public Jenni is an experienced mediator, having trained with CEDR. She is identified as a leading mediator by Chambers & Partners, which

notes that Jenni Richards QC “is singled out by interviewees for her gift of assisting parties in ‘identifying precisely which issues are crucial to them and exploring creative ways in which those issues can be addressed’”. She focuses upon judicial review disputes and Court of Protection cases, and she is convinced that the majority of such cases can be resolved successfully by agreement through mediation. Mediations are by their very nature confidential, but she has acted as mediator in a range of cases involving disputes between individuals and public bodies, including disputes over the provision of services to disabled individuals, disputes as to the best interests of incapacitated individuals in terms of residence, care, treatment and contact, and disputes between different public bodies as to their respective responsibilities. As counsel, she has frequently been involved in dealing with matters through mediation and many of her cases are resolved successfully without the need for judicial determination. Her leading cases the Supreme Court appeals in Cheshire West and Chester Council v P/P and Q v Surrey County Council, acted for the family of Mr L, a severely brain damaged Muslim man in a challenge to a hospital’s decision to withhold life-saving treatment contrary to his religious principles and acted for the successful claimants in the Supreme Court in the leading human rights case Rabone v Pennine Acute Hospitals Trust.

FENELLA MORRIS qc (Call 1990, Silk 2012)

Fenella is an experienced mediator and arbitrator, and has assisted in the resolution of a wide range of health and social care disputes since training with

CEDR many years ago. As counsel, her practice focuses upon public law, human rights, regulation and the Court of Protection, and she brings her skills and experience from all these areas when she works with the parties to a mediation. She has appeared in many of the leading cases in the Court of Protection and in the field of health and social care, including P and Q (Cheshire West), Tracey (DNAR), and Pretty v UK.

MATTHIAS KELLY qc (Call 1979, Silk 1999)

Matthias has been a QC since 1999 and Senior Counsel in Ireland since 2005. He is well known for his expertise in the fields of clinical negligence, health

care, personal injury, health & safety and related professional negligence and regulation. Since the end of his term of office as chairman of the Bar Council, he has developed a practice in administrative law and professional regulation. Many of his cases focus on the intersection of politics and law. He has acted for Government Departments, Institutions and Trade Unions. He has a particular expertise in cases concerning adult capacity and medical treatment having appeared in a number of High Court cases in Ireland concerned with the provision of forced treatment and the detention of adults and young people pursuant to the Mental Health Act. Most recently he has appeared in Health Service Executive v KW & Others (2015) IEHC 741. Matthias is a qualified mediator and has a wealth of experience of both mediations and other alternative dispute resolution processes.

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PARISHIL PATEL QC (Call 1996, Silk 2018)

Parishil Patel has a wide ranging public law practice which encompasses incapacity and best interests, health, community care, local government

(including regulation, audit and standards), telecommunications, data protection and confidentiality, prisons, immigration, public international law. He has extensive experience of advising and acting for and against public bodies in Court of Protection proceedings, judicial review claims (in the High Court), including claims brought challenging local and central government policy and involving statutory construction and in proceedings in various Tribunals. He also has extensive experience of arguing ECHR issues in domestic courts and advising on human rights in the policy context. Parishil is a CEDR accredited mediator and has mediation experience in both commercial and public law matters.

VICTORIABUTLER-COLE QC (Call 2005, Silk 2019)

Victoria Butler-Cole has extensive experience in the Court of Protection in health, welfare and financial cases acting for families, NHS

bodies, local authorities, medical societies, and the Official Solicitor. She trained as a mediator at Regent’s College in 2016. She has been described in Chambers and Partners as ‘very personable and easy to deal with’ and ‘a Court of Protection supremo’. She is an editor of the 39 Essex Chambers Mental Capacity newsletter, an editor of the Court of Protection Law Reports and is legal advisor to the Medical Mediation Foundation.

EMILY FORMBY (Call 1993)

Emily Formby has a very busy practice which brings her to the interface between injury work and the Court of Protection. She has extensive experience in

the civil courts of claims in which the claimant is a protected party, so is used to considering claims both in terms of the claimant’s best interests as well as the best outcome in terms of damages. In addition she appears in the Court of Protection assisting in a range of best interest and treatment decision cases and application of costs. She is a CEDR qualified mediator and sits as a Recorder. She has received training in diversity and how to deal with vulnerable witnesses.

ADAM FULLWOOD (Call 1996)

Adam Fullwood’s main areas of practice are public and administrative law (community care/adult social services, charging, safeguarding, housing,

prison, care standards, education, human rights law, mental capacity and mental health), Inquests, regulatory and disciplinary, public procurement and local government. He has particular experience in representing care home owners and care providers. He is a member of the Attorney General’s regional ‘A’ panel, sits as an Assistant Coroner and is an accredited mediator with CEDR dealing with both public and commercial disputes.

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KATHARINE SCOTT (Call 2000)

Katie Scott has a very busy Court of Protection practice advising both public bodies, the Official Solicitor and other litigation friends and family members in

health, welfare and financial cases in the Court of Protection. Katie trained as a mediator at the Regent’s College. She has mediated a number of Court of Protection disputes, often at short notice. She was one of the mediators for the OPG telephone mediation pilot and is part of a working group implementing a mediation scheme for Court of Protection cases, due to launch Autumn 2019. She is also a community mediator and mediates neighbour disputes.

FIONA PATERSON (Call 2003)

Fiona Paterson is ranked as a Band 1 junior in Court of Protection work by Chambers and Partners. Having spent 8 years practising as a solicitor, she

worked as an assistant mediator and research assistant at CEDR, a lead mediation provider before coming to the Bar. Fiona is a CEDR qualified mediator. She has mediated a wide variety of disputes both as a a lead and assistant mediator.

MUNGOWENBAN-SMITH (Call 2004)

Mungo’s public law practice has an emphasis on cases relating to mental capacity, mental health, medical treatment and community

care. In particular, he frequently acts for local authorities, NHS bodies and individuals, including on behalf of the Official Solicitor, in a variety of proceedings before the Court of Protection and invoking the inherent jurisdiction of the High Court across the UK involving health, welfare, deprivation of liberty, and property & affairs. These often include high profile applications relating to urgent medical treatment. He writes on related topics and delivers training and seminars to other professionals working in these areas. He is a Regent’s University London accredited mediator.

PETER CAMPBELLSenior Practice Managerpeter.campbell@39essex.com Tel: +44 (0)20 7832 1124Mobile: +44 (0)7725 758 264

LONDON81 Chancery Lane, London WC2A 1DDTel: +44 (0)20 7832 1111Fax: +44 (0)20 7353 3978

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Chief Executive and Director of Clerking: Lindsay ScottSenior Clerks: Alastair Davidson and Michael Kaplan

39 Essex Chambers is an equal opportunities employer.

39 Essex Chambers LLP is a governance and holding entity and a limited liability partnership registered in England and Wales (registered number 0C360005) with its registered office at 81 Chancery Lane, London WC2A 1DD.

39 Essex Chambers’ members provide legal and advocacy services as independent, self-employed barristers and no entity connected with 39 Essex Chambers provides any legal services. 39 Essex Chambers (Services) Limited manages the administrative, operational and support functions of Chambers and is a company incorporated in England and Wales (company number 7385894) with its registered office at 81 Chancery Lane, London WC2A 1DD.

MEDICAL TREATMENT GROUP Page 5

Key Contacts:

SHERATON DOYLESenior Practice Managersheraton.doyle@39essex.comTel: +44 (0)20 7832 1144Mobile: +44 (0)7921 880 670