Olivia Kirkbride

EXPERIENCE & EXPERTISE

Olivia has developed a busy healthcare practice, particularly in the Court of Protection and in medical-related inquests. She is regularly instructed by local authorities, NHS Trusts, ICBs, on behalf of P (by the Official Solicitor, RPRs and other litigation friends) and by family members, in a range of matters. Olivia also provides advice in respect of judicial review claims, particularly in the field of health and social care.

She has experience in section 21A matters, personal welfare applications brought under the Mental Capacity Act 2005 and serious medical treatment cases, including those involving the withdrawal of life sustaining treatment. Olivia has particular expertise in cases involving children and vulnerable young people, including deprivation of liberty and medical treatment cases under the inherent jurisdiction, bringing with her a family law background. Olivia has appeared in a number of fact-finding hearings both in the Court of Protection and in the Family Court, and she maintains a discreet family law practice.

Olivia has already appeared in several high-profile and challenging matters. She was led in the Court of Appeal in Re AH [2021] EWCA Civ 1768, a successful appeal against an order permitting an NHS Trust to withdraw life sustaining medical treatment from the “most complex Covid patient in the world”, and Re G (Court of Protection: Injunction) [2022] EWCA Civ 1312, where the Court of Appeal clarified the legal test for an injunction in the Court of Protection.  Olivia was led by Nageena Khalique KC in a complex inquest involving the death of an individual who was detained under section 3 of the Mental Health Act 1983.

Cases & work of note

• Re G [2024] EWCOP 13, Hayden J – Olivia, led by Nageena Khalique KC, successfully represented an ICB and a care home operating group in a lengthy fact-finding hearing in the Court of Protection. Mr Justice Hayden found a number of the allegations made by the ICB proved, including that each of the respondent family members had been involved in tampering with G’s ventilatory support.
• Kings College Hospital NHS Foundation Trust v X and Y [2023] EWCOP 34 , Theis J – Olivia represented X’s father in proceedings concerning the proposed withdrawal of life sustaining medical treatment.
• An inquest touching upon the death of JH [2023], HM Area Coroner for Essex – Olivia appeared on behalf of the local authority in an eight-day inquest which resulted in a conclusion of misadventure. The issues included the interaction between various public bodies leading up to the deceased’s death by overdose.
• Re OS [2023], Francis J – Olivia was instructed on behalf of an NHS Trust in an application under the inherent jurisdiction of the High Court, concerning proposed medical treatment of a young person who had recently been detained under section 2 of the Mental Health Act 1983. The issues included the relationship between the Mental Health Act 1983, the Mental Capacity Act 2005 and the inherent jurisdiction, in applications relating to medical treatment.
• An inquest touching upon the death of PC [2023], HM Area Coroner for Essex – Olivia appeared on behalf of the mental health Trust in this two-week inquest. The deceased had died following a fall on an acute ward, whilst under the care of psychiatric liaison services.
• Re G (Court of Protection: Injunction) [2022] EWCA Civ 1312, Baker, Phillips and Nugee L.JJ  – Olivia appeared in the Court of Appeal as junior counsel to Michael Mylonas KC, instructed by an NHS Trust and ICB jointly, in a case concerning the legal test to be applied in the Court of Protection when considering an application for an injunction.
• Re RD [2022], Arbuthnot J – Olivia was instructed jointly on behalf of the NHS Trust and the ICB in SMT proceedings, concerning proposed ENT investigations and dental treatment under general anaesthetic.
• Re LT [2022], Roberts J, Newton J – Olivia was instructed on behalf of the Official Solicitor in an urgent out of hours hearing and subsequent hearings in SMT proceedings, involving the proposed placement of an NG tube and PEG feeding tube for the purpose of administering artificial nutrition and hydration to P.
• Reading Borough Council v P and others [2022] EWCOP 27; Reading Borough Council v P and others  [2023] EWCOP 16, HHJ Owens  – The Court of Protection considered the issue of where it was in P’s best interests to reside and receive care and support, in circumstances where various family members had expressed conflicting views. The matter returned to court in 2023, to consider the local authority’s application for injunctive relief against P’s daughter. Olivia represented P, by her litigation friend the Official Solicitor, at a subsequent fact-finding hearing.
• An inquest touching on the death of JL [2021] – Olivia was led by Nageena Khalique KC in a complex jury inquest involving the death of an individual who was detained under section 3 of the Mental Health Act 1983;
• Re AH [2021] EWCA Civ 1768 – Olivia was led in a successful appeal against an order permitting an NHS Trust to withdraw life sustaining medical treatment from P, who was described as the “most complex Covid patient in the world”. The Court of Appeal provided essential guidance in respect of judges meeting ‘P’ in Court of Protection proceedings.
• Re PZ [2021] EWHC 2294 (Fam) – Olivia appeared in the High Court and in the Court of Appeal as sole counsel, in a case involving the withdrawal of life sustaining medical treatment from a child.

Publications

• Olivia has contributed to a number of articles which have appeared in Lexis PSL, Family Law Week, and the Ethiopian Yearbook of International Law.
• Olivia was appointed to the team at Clarke Hall & Morrison on Children, with responsibility for the chapter on Mental Health in Children and Young People.
• In December 2021, Olivia was appointed as Secretary to the PFD’s Transparency Implementation Group. She works closely with members of the judiciary, legal professionals, media representatives and academics/researchers in developing data strategies and media engagement with a view to increasing transparency in the justice system, and has contributed to published guidance.

Seminars & talks

Olivia has delivered a number of talks and seminars, including to the Medical Defence Union, CoPPA and to private organisations.

Prior to the Bar

Prior to joining the Bar, Olivia spent a year working as the Judicial Assistant to Sir Andrew McFarlane, the President of the Family Division and the Court of Protection. She also worked with various judges of the Court of Appeal and the High Court, on a range of complex matters. Olivia conducted legal research, assisted with speech writing and offered preliminary viewpoints on the merits of cases, both at first instance and at appeal.

Whilst studying for her LLM, Olivia volunteered with the Free Representation Unit and taught debating to young offenders, as part of prison-mentoring scheme Vocalise. She also worked with the British Institute for International and Comparative Law.

Recommendations

Olivia is recommended as a ‘Rising Star’ by The Legal 500.

‘Olivia is exceptionally bright with a key eye for detail. She is able to command a room with her advocacy and being able to command her position with regard to what she wants to be done for her client on a case. She is one to look out for in the future as a true leader in this area.’
The Legal 500 2024

“Olivia is astute and her preparation is of a very high standard. She is not only a very persuasive advocate, but she has a way of assuring vulnerable/anxious clients and putting them at ease. She always delivers on the briefs given to her. She has firm and confident negotiation skills. I have absolutely no hesitation in recommending Olivia.”
Instructing Solicitor

Qualifications and awards

• BA (Hons) Theology, University of Cambridge
• GDL, University of Law
• BPTC with LL.M Legal Practice (Outstanding), BPP Law School
• LLM (Distinction), UCL

Olivia was awarded a full scholarship for the GDL and the Gray’s Inn Steen Award for the BPTC. Olivia was shortlisted for Young Pro Bono Barrister of the Year at the Advocate Awards 2022 and received a special mention.

Privacy

Olivia adopts and adheres to the provisions of the privacy notice which can be accessed here.

FURTHER INFORMATION

For further details of  Olivia’s practice please click on the links to the left or contact a member of the clerking or client service team.