Bill Braithwaite KC

Call 1970
Silk 1992

"Bill has an excellent grasp of the practicalities of living with disabilities. He is very assured in settlement negotiations and has an excellent rapport with clients."

The Legal 500 2024
Photo of Bill Braithwaite KC

Court of Protection

Bill has been a KC for 29 years and since taking silk has worked exclusively for claimants who have suffered catastrophic brain and spine injury. He never works for defendants. He has represented over 1,000 catastrophic brain injury claimants and has won hundreds of millions of pounds in client compensation. Bill regularly finalises over £50 million of claims a year therefore has seen hundreds of claimants with mental capacity issues. He has been advising about capacity for the entire period, and he has written and lectured extensively on Court of Protection and mental capacity, including with the current Senior Judge of the Court of Protection. He has written a book which concentrates on capacity, and has been involved with a forensic psychiatry book recently published.

He is the author of “Brain and Spine Injuries – the Fight for Justice” – 2nd edition out now as an e-book – including a specific chapter about mental capacity – available on request.

He was also the consultant editor of Kemp & Kemp on The Quantum of Damages from 1995 to 2004, and is the joint editor of “Medical Aspects of Personal Injury Litigation”, with Professor Barnes and Professor Ward.

He travels the country seeing injured people and their families at their convenience, and believes passionately in the rights of those who have suffered catastrophic injury, and their families.

He has been awarded Personal Injury Barrister of the Year and UK Acquired Brain Injury Forum Lawyer Innovator of the Year.

Bill is an accredited mediator, and supports mediation and ADR when appropriate.

Court of Protection Cases

Bill has managed hundreds of claims involving severe brain injury, and issues relating to mental capacity arise in most of them.

Bill’s main mental capacity interest at the moment is the detailed assessment of capacity, and the evidence which should be made available to doctors and other professionals involved in capacity assessments and decisions.