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Answers to 9 Thorny Questions: Directly from 7 QCs and Senior Juniors of Outstanding Ability
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Court of Protection: Shaping new law into solution-focused answers for your clients
Chaired by: Claire van Overdijk of Outer Temple Chambers
Claire is "a go-to counsel who holds her ground in court and isn't afraid to make difficult points." She is co-editor of Court of Protection Practice and Mental Capacity Law and Practice and short-listed as STEP Advocate of the Year 2019.
In borderline cases what tips the balance when arguing for the removal - or protection - of attorneys/deputies for alleged financial abuse, supported by case-law and practical examples?
Answered by: Edward Cumming QC of XXIV
Edward is "a superstar in the making - so bright you get the feeling that there isn’t anything that he doesn’t know." He acted in Re K: a bitterly fought dispute over the administration of a substantial and high-profile estate.
Wills and preferences
What is the significance for practice of the “will and preferences” approach to best interests decision-making, established in East Lancashire Hospitals NHS Trust v PW?
Answered by: Fiona Scolding QC of Landmark Chambers
Fiona is "brilliant - incredibly persuasive and scarily good"; particularly adept at handling cases that concern adults with learning disabilities. She is senior counsel to the Independent Inquiry into Childhood Sexual Abuse.
Drawing on live cases, when will the English Court recognise foreign powers of attorney?
Which procedures are to be applied in such cases?
Answered by: Sophy Miles of Doughty Street Chambers
Sophy is "hugely respected and at the cutting edge of legal developments." "She secures sensational results." She frequently advises on cross-border and out of the jurisdiction issues and is Co-author of 'Court of Protection Handbook.'
Is there a shift in the wind over the Court’s approach to welfare deputyship applications following Lawson, Mottram and Hopton, Re (appointment of personal welfare deputies) ?
Answered by: David Rees QC of 5 Stone Buildings
David is "essentially Mr Court of Protection - just so technically smart." He is General Editor of Heywood & Massey's Court of Protection Practice, sits on the Rules Committee and acted in Lawson, Mottram and Hopton litigation.
How deftly is the Court treading the line between autonomous decision-making and safeguarding vulnerable adults from potential harm? B v A Local Authority 
Answered by: Sam Karim QC of Kings Chambers
Sam is a "calm voice in a storm." "He knows the Mental Capacity Act inside out." He acted in B v A Local Authority , the first reported case on the capacity to make decisions about the use of social media and the internet.
S.5 and S.7 MCA
Against a backdrop of recent and live cases, which acts of those lacking material decision-making capacity - actually - require judicial sanction and on what basis?
How do you recognise and differentiate?
Answered by: John McKendrick QC of Outer Temple Chambers
John is "one of the best Court of Protection silks out there". "He comes up with highly creative ways to overcome the most difficult issues." He served as Attorney General and DPP for the Caribbean island of Anguilla from 2016 to 2018.
Close of conference
All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500