Olivia has been appointed to the team at Clarke Hall & Morrison on Children, with responsibility for the chapter on Mental Health in Children and Young People.
Olivia has been appointed as secretary to the President of the Family Division and the Court of Protection’s Transparency Implementation Group, where she will work specifically on data strategy and media engagement.
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
- Kings College Hospital NHS Foundation Trust v X and Y [2023] EWCOP 34 – Olivia represented X’s father, in proceedings concerning the Trust’s application for permission to withdraw life sustaining treatment from X.
- Re G (Court of Protection: Injunction) [2022] EWCA Civ 1312 – 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.
- Reading Borough Council v P and others [2022] EWCOP 27; Reading Borough Council v P and others [2023] EWCOP 16 – 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, and Olivia represented P, by her litigation friend the Official Solicitor, at a subsequent fact-finding hearing.
- 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 published/contributed to a number of articles which have appeared in Lexis PSL, Family Law Week, and the Ethiopian Yearbook of International Law.
- Olivia was recently appointed to the team at Clarke Hall & Morrison on Children, with responsibility for the chapter on Mental Health in Children and Young People.
Seminars & talks
Olivia has delivered a number of talks and seminars, including for the Medical Defence Union and other 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 and has appeared in the Ethiopian Yearbook of International 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. 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. She is shortlisted for Young Pro Bono Barrister of the Year at the Advocate Awards 2022.
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.