Jamie Mathieson

Court of Protection

eXPERIENCE & eXPERTISE

Jamie is regularly instructed in the Court of Protection by solicitors from around the country. He often appears alongside counsel of far higher levels of call, including silks, before District Judges, Circuit Judges and High Court Judges. His instructions come from the Official  Solicitor, the Public Guardian, local authorities, NHS Trusts, ICBs, Welsh Health Boards, care providers and individual family members, and involve both health and welfare and property and financial affairs.

He is recognised as a leading junior by the Legal 500 and Chambers & Partners.

His experience includes:

• Medical treatment decision cases, including urgent cases concerning the withdrawal of medical treatment.
• Disputes over capacity, including adults with borderline or fluctuating capacity, often requiring complex medical evidence.
• Fact-finding hearings requiring cross-examination, including on historic allegations or arising from safeguarding investigations.
• The use of injunctions.
• Cases at the cutting edge of the developing case law on decision-making about sexual relations, contact with others, and the use of the internet/social media.
• Challenges from all angles to the deprivation of liberty.
• Disputes about the best interests of vulnerable adults, often involving the intersection of mental capacity law with family law (including forced marriage cases) and with the Mental Health Act, and frequently involving conflict between P’s family members and public bodies, or between public bodies over their respective roles.
• Cases within the court’s property and financial affairs jurisdiction, such as the revocation of lasting powers of attorney, and involving alleged misappropriation of assets.
• Cases involving cross-border issues such as the repatriation of P.
• Disputes over costs.

Jamie’s work in clinical negligence and coronial law means he is highly experienced with a wide range of medical expertise, expert evidence, and cases involving vulnerable clients and litigants in person. He frequently advises public and private sector organisations on disputes about care for vulnerable adults (such as ordinary residence), and on potential liability and intersections with regulatory proceedings.

James accepts instructions on an urgent basis, with experience of being on his feet in court within hours of first instruction.

recommendations

Jamie is recommended as a leading junior in the Court of Protection by both Legal 500 and Chambers & Partners. Recent directory editorial has noted:

“Jamie has a calm demeanour during legal proceedings. He remains composed under pressure enabling him to think clearly and present his arguments effectively. His thorough approach is also valuable, he is meticulous in reviewing evidence, analysing legal principles, and conducting research allowing him to build strong arguments, and his attention to detail enhances the quality of their advocacy.”
The Legal 500 2024

“Jamie is very good and very clear. He knows what his client wants.”
Chambers & Partners 2024

“Jamie is a highly knowledgeable barrister in the area of Court of Protection. His drafting is excellent.”
Chambers & Partners 2024

“Jamie Mathieson is an intelligent, calm advocate. He can diffuse any difficult situation with his sensible and fair approach.”
Chambers & Partners 2024

“He is extremely hard-working and approachable.”
Chambers & Partners 2022

“Jamie’s preparation is meticulous… a smiling assassin in the courtroom”
The Legal 500 2021

Publications

Jamie co-authored chapters fifteen: Withdrawal and Withholding of Treatment, sixteen: The Right to Die? and seventeen: Treating Suicidal Patients in the fourth edition of the book Medical Treatment: Decisions and the Law, edited by Christopher Johnston KC and Sophia Roper KC and written by 27 members of Serjeants’ Inn.

Jamie also co-authored the third edition of Medical Treatment: Decisions and the Law.