Success for Louis Browne KC, Rebecca Clark and Julie Case in important Court of Protection case

February 12, 2026

Louis Browne KC, Rebecca Clark and Julie Case from Exchange Chambers, instructed by Michael Chambers and Sophie Bebbington of HM3 Legal, have successfully acted in an important Court of Protection decision concerning the instruction of expert evidence in a contested capacity case.

In Re DA (Whether to replace a Single Joint Expert) [2026] EWCOP 7, the Court of Protection granted permission for the parties represented by Louis Browne KC, Rebecca Clark and Julie Case to instruct their own expert psychiatrist, departing from the usual single joint expert approach.

The application arose in proceedings where mental capacity was a foundational issue, with significant implications for jurisdiction and substantive welfare and property matters. Concerns were raised about the methodology and conclusions of the jointly instructed expert and HHJ Burrows held that it was proportionate and in the interests of justice to permit the instruction of further expert evidence.

In reaching that conclusion, HHJ Burrows described the way in which Louis Browne KC advanced the application as “extremely helpful”. He emphasised the technical complexity of the capacity issues, the central importance of expert evidence to the proceedings and the fact that the individual concerned strongly disputed the existing expert’s conclusions. He was satisfied that allowing an additional expert report would assist the Court without causing material delay.

The proceedings are subject to strict anonymity provisions.

A copy of the full judgment is available here.