This hybrid seminar is brought to you by the Garden Court Chambers Court of Protection team.
| Date: | Thursday 18 June 2026 |
|---|---|
| Time: | 6.00pm-7.30pm |
| Venue: | Garden Court Chambers, 9 Carmelite Street, London, EC4Y 0DR and Online |
| Cost: | Free |
| Areas of Law: | Court of Protection |
The responsibility on a court when considering questions of capacity, in particular mixed capacity cases, as stated by Hayden J in Manchester City Council v LC & Anor[2018] EWCOP 30,
‘does require to be said that whenever a court has to curtail the liberty of an individual whether capacitous or not, the burden is acute and the responsibility grave’
This seminar will cover not only the steps that should be taken in cases involving cases where there are concerns around possible “fluctuating capacity” and/or “longitudinal capacity”, but a review of the following recent cases concerning questions around capacity;
- Nottinghamshire County Council v JW [2026] EWCOP 13 (T2) – capacity causative nexus
- Lancashire County Council v BC 7 Anor [2026] EWCOP 18 (T3) – capacity to enter into sexual relations and interplay between the relevant domains.
- Re DA (Whether to replace a Single Joint Expert) (Rev 1) [2026]
- Bristol City Council v CC [2026] EWCOP 19 (T3) – Instruction of single joint expert
Speakers
James Holmes, Barrister, Garden Court Chambers (Chair)
James is a specialist court of protection practitioner and is able to sit as a nominated judge of the court of protection. He regularly appears in the Court of Protection, accepting instructions from the Official Solicitor, families, local authorities and Accredited Legal Representatives. His expertise spans the full range of the Court’s jurisdiction, including welfare disputes, s.21A challenges, deprivations of liberty, and complex matters before the High Court, including where the inherent jurisdiction has been invoked. James has particular expertise in cases involving hoarding, forced marriage, challenges to capacity assessments and contested deputyship appointments. As a result of his background as a family law practitioner and as a Tribunal Judge in the Health, Education and Social Care Chamber, this further enhance his ability to handle complex, multi-disciplinary cases.
Tim Baldwin, Barrister, Garden Court Chambers
Tim is Co-Convenor of the Court of Protection and Mental Health Team and has considerable experience in Court of Protection proceedings concerning health and welfare decisions and Accommodation and Deprivation of Liberty Safeguards (DoLS) issues for applicants and all respondents, including emergency applications and instruction by the Official Solicitor. Tim is ranked in Chambers UK for Social Housing, Community Care, and Civil Liberties and Human Rights and is also identified as a leading junior in the Legal 500 for Social Housing, Court of Protection and Community Care, and Administrative Law and Human Rights.
Reserve your ticket
In-person tickets are limited by the venue’s capacity. After you have completed the form, we will be back in touch to confirm whether a place is available at the event.
If you have booked an online ticket, we will send joining details to all those who have signed up on the day of the event. If you have not received the link by 2pm on Thursday 18 June, and it is not in your junk inbox, please email webinars@gclaw.co.uk.
