Neil Cadwallader

Call 1984

"He's a very experienced barrister and a safe pair of hands. With him, you certainly know that you've got somebody who is going to present the case properly."

Chambers and Partners 2019
Photo of Neil Cadwallader

Court of Protection

“A superb advocate with exceptional gravitas and erudition” Neil Cadwallader is a highly rated barrister of over 30 years practice.

As part of his chancery practice Neil has substantial experience of aspects of Court of Protection work. His experience includes:

  • Litigation involving issues of capacity and undue influence
  • Defending TOLATA claim on behalf of a person lacking capacity
  • Mediation of a property dispute involving a patient
  • Contentious probate claims over capacity to make a will
  • Claim for care/nursing home fees against a person lacking capacity
  • Bankrupt patient; application by trustee for order for sale of property
  • Inheritance (Provision for Family and Dependents) Act 1975 claims involving person lacking capacity
  • Taking instructions for and drafting the wills of Court of Protection patient
  • Preparing the application to the Court of Protection for authority to execute a will on behalf of a patient
  • Advising deputies on how to approach the issue of the patient’s desire to move to a much more expensive nursing/care home; questions of extent of capacity;, ability to communicate; best interests meeting; mental capacity advocate; seeking direction from the Court of Protection

Neil is himself a Court of Protection deputy for a relative.