Professional negligence advice for Court of Protection deputies

Recognising early warning signs

Concerns typically arise where a protected party’s needs are not being met. This may involve:

• Financial mismanagement.
• Poor litigation outcomes.
• Inappropriate or negligent investment decisions.
• Failures by professionals appointed to protect the individual.

We regularly hear from deputies, family members, case workers and clinical professionals who have identified issues requiring urgent review.

We provide early, practical advice on whether concerns can be resolved and, where appropriate, whether losses may be recoverable through a professional negligence claim.

Types of claims we handle

Professional negligence can arise in several ways. We advise deputies on claims involving:

1. Professional deputies: Where a former deputy’s conduct has caused financial loss exceeding the security bond set by the Court of Protection, we assist newly appointed deputies in pursuing recovery, typically via professional indemnity insurance. We also advise on the procedural steps required before issuing proceedings, including applications to the Court of Protection where authority is required.
2. Solicitors and barristers: We act where personal injury or related claims have been mishandled, including under-settlement and failures to account for long-term care, earnings, accommodation or medical needs. Working closely with our Serious Injury team, we review the original litigation and assess whether settlements should be reopened.
3. Financial advisers and accountants: Where negligent advice or mismanagement has depleted a protected party’s funds, we pursue recovery of capital losses and lost investment value.

Court of Protection authority and litigation friends

Deputies must consider whether authority from the Court of Protection is required before pursuing litigation. Following the ACC judgment, specific authority may be needed in some cases.

We provide bespoke risk versus benefit analysis to support deputies in seeking authority and ensure any litigation is firmly grounded in the protected party’s best interests.

Where a litigation friend is required, we advise on available options and guide deputies through the appointment process.

Why choose Hugh James

Our professional negligence team is nationally recognised for its work on complex, high-value claims involving vulnerable individuals.

• A multi-disciplinary approach across Professional Negligence, Court of Protection, Serious Injury and financial advisory teams.
• Our professional negligence team is tier 1 ranked in the Legal 500.
• In-house FCA-authorised Independent Financial Advisers.
• Extensive experience resolving cases involving significant losses and multiple professional disciplines.

Our proven track record

We have successfully:

• Reopened invalid settlements where capacity was overlooked, securing settlements exceeding £10 million.
• Recovered substantial losses from financial advisors arising from negligent investment advice.
• Pursued high-value claims against solicitors and barristers where injury claims were under-settled.

These outcomes have restored long-term financial stability for protected parties and those responsible for their care.