Did you love studying the weird and wonderful world of Equity and Trusts? Then today’s episode is for you. We hear from Constance McDonnell QC, a traditional chancery barrister, who tells us how a chancery practice can lead to that elusive work-life balance and why people skills - and not just intellect - are essential. And then we look into one of the most mysterious and little-known courts with Claire van Overdijk: the Court of Protection.
Guests
Constance McDonnell QC barrister at Serle Court
http://www.serlecourt.co.uk/news/article/constance-mcdonnell-qc
Claire van Overdijk barrister at Outer Temple
https://www.outertemple.com/barristers/claire-van-overdijk/
Useful Links
Glossary
CCG: Clinical commissioning groups
Probate: the law concerning the administration of a person’s property, money and
possessions (their ‘estate’) once they are dead.
Mediation: a meeting between parties to litigation or proposed litigation which aims to
resolve the dispute by arriving at a settlement. The parties are helped by a mediator who
facilitates discussion. Anything discussed at a mediation is ‘without prejudice’.
FDR: Financial Dispute Resolution Hearing, a judge-directed mediation where a judge will
assist the parties by expressing a view on a point of law.
Without prejudice: a party who makes a statement (either orally or in writing) and indicates
that it is ‘without prejudice’ cannot be held to that statement, i.e. that statement cannot be
relied upon by the other party in the course of the litigation.
P: the person without capacity whose best interests are under discussion in the context of
Court of Protection work.