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Piers Feltham

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Profile: Court of Protection

Experience and Expertise

Piers Feltham is instructed by applicants, respondents and the Official Solicitor on behalf of patients in Court of Protection matters relating to all aspects of property and financial affairs, including disputes over statutory wills, the validity of Lasting Powers of Attorney, the making of gifts and other transactions (often with a view to tax mitigation), and the investment of funds, breach of duty by attorrneys (including recently obtaining a freezing order against the attorney of a patient who had misappropriated her funds), and the removal of deputies.

Piers also acts in disputes concerning welfare of patients, in particular in relation to residence and care, including recently obtaining an emergency injunction from the High Court, within one hour of instructions being received, to prevent abduction of a patient abroad.

In Re W [2000] Ch 372 Piers appeared successfully before the then Mrs Justice Arden in establishing the principles applicable to the implied revocation of both Powers of Attorney.

More recently, Piers successfully procured the order sought by the Official Solicitor at a contested hearing in Re LM [2015]  EWCOP 91 concerning a statutory will leaving a surplus of state-provided funds.

 

Recommendations

Piers is recommended in Chambers UK as follows:

Court of Protection section, Chambers Guide 2015: “He’s very creative and empathetic in his approach. He is well regarded in the Court of Protection as he’s completely on top of his papers, has a great intellect, and always delivers.” “He’s always prepared to go the extra mile, is very proactive and is a real team player.”

Court of Protection section, Chambers Guide 2013: “Piers Feltham gives ‘excellent, calm and well-measured advice’. His Court of Protection work is situated within a broader chancery practice that has a definite property bent. In addition to litigation, he also frequently advises deputies and trustees on Court of Protection matters.”

Court of Protection section, Chambers Guide 2012: “’A clear, incisive thinker,’ Piers Feltham is a man who has established himself as one of the barristers who is most popular with the Office of the Official Solicitor. He has the ear of leading judges, and counsel who have crossed swords with him speak of him as ‘always a very pleasant opponent’.”

Piers Feltham
“Piers Feltham gives excellent, calm and well-measured advice. His Court of Protection work is situated within a broader chancery practice that has a definite property bent. In addition to litigation, he also frequently advises deputies and trustees on Court of Protection matters.”

Chambers UK