Success for Louis Browne KC in Court of Protection

October 28, 2023

Louis Browne KC from Exchange Chambers has acted successfully for his client in the Court of Protection.

The case concerned whether an elderly donor had capacity at the time she executed a property and affairs lasting power of attorney and a health and welfare lasting power of attorney (LPA).

Following Louis Browne KC’s cross examination at trial, the judge rejected the evidence of an expert psychiatrist, acting as Special Visitor who had opined that the donor lacked capacity at the time she executed the LPAs.

After considering Louis Browne KC’s submissions on the principles covering capacity and recent case law – including The Pubic Guardian v RI & Ors [2022] EWCOP 22 – the Court of Protection agreed that there was no cogent basis for the displacement of the presumption of capacity, given the facts of the case.

Louis was instructed by Beth Middleton at Brabners.  Commenting upon the case Beth said:

“This was an unfortunate case that saw the suspension of the LPAs for a period of over two and a half years, pending the outcome of the trial. It highlighted the significance of expert evidence, particularly in the context of capacity, and the importance of ensuring that the correct test is applied to the facts.

“I have no doubt that Louis’ instruction was fundamental in securing a positive outcome for the Respondent that resulted in the application brought before the Court of Protection being dismissed. Louis is an exceptional advocate with an impeccable understanding of the law and its application. He is meticulous in his preparation and provided clear, cogent advice throughout in a pragmatic and focus manner. The dynamic in which Louis works allows for a strong working partnership between solicitor and counsel which serves to bolster the offering of legal services to clients thanks to his extensive experience and combined expertise.”

Louis’ lay client said:

“Louis is quite simply one of the most impressive legal professionals whom I’ve ever encountered.  An immensely knowledgeable and gifted litigator, I was delighted to have him representing me instead of being in opposition.  He has fantastic people skills, putting individuals who might be intimidated by the court process immediately at ease.  It is obvious why he is so widely regarded by others, I cannot recommend him too highly.”