Francesca P. Gardner



Manchester

36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082

Leeds

5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123

Birmingham

Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570

Clerked by:
Mark Ronson
Rory Davis


Health & Social Care

Francesca is regularly instructed in health and social care matters, including community care and healthcare disputes. Francesca regularly advises on Ordinary Residence disputes, including matters with a cross-border issue. Francesca provides regular training in this area, to both professional and lay clients, including speaking at the national Scottish Social Work Conference.


 

Ranked as one of the Leading Juniors for Court of Protection 'Extremely bright and very talented'

Legal 500 2018

""She is tenacious, eloquent, caring and incredibly talented, which means that she is in increasingly high demand for the most complex of Court of Protection cases."

Chambers UK

Profile

Specialising in: Court of Protection; Mental Health and Public Law. Francesca’s practice includes instructions in all areas within the Court of Protection including: Welfare disputes; Deprivation of Liberty cases; financial disputes and Judicial Review proceedings arising out of COP proceedings. Instructions regularly received from: the Official Solicitor; public authorities including health trusts and Clinical Commissioning Groups and family members.

Francesca's practice is unique, in that she has an established dual practice in both health and welfare (including medical treatment) and property and affairs work within the Court of Protection.

Francesca also has a keen interest and experience in international cases within the Court of Protection including cross border disputes.

Significant Cases

The Hospital Trust v V & Ors [2017] EWCOP 20

AG, Re [2016] EWCOP 37 (6 July 2016)

SAD & Anor v SED [2017] EWCOP 3

LCC v J K [2016] EWCOP 59

NCC v TP (Capacity of TP) [2016] EWCOP B3

NCC v TP [2016] EWCOP B4

NCC v TP (Best Interests) [2016] EWCOP 61

IH (Observance of Muslim Practice) [2017] EWCOP 9 (12 June 2017)

 

Year of Call: 2009

Areas of Expertise 
  • Court of Protection & Mental Health
  • Health and Social Care
  • Judicial Review
  • Inquests

Memberships

Member of Grays Inn 2009

Member of the North Eastern Circuit

Court of Protection Practitioner’s Association - Chair (Yorkshire & the Humber)

Training
  • Francesca provides regular training to: lawyers, medical and social care professionals and advocates. Recent training topics include:
  • Cross Border disputes and Ordinary Residence (particular focus on Scotland);
  • The Mental Health Act and the Mental Capacity Act, the interface;
  • Deprivation of liberty;
  • Children and deprivation of liberty; and
  • Acting for the older client; financial assessments and property and affairs.
  • Religious Observance and the Incapacitated Adult
  • Consent to Sexual Relations and the Obligations of the State

 

Publications

1. ‘The Cold Front’- Private Client Advisor

2. ‘ Support Network: litigation friends- Private Client Advisor


Qualifications

Bar Vocational Course- BPP Law School- 2009

 

Recommendations

Francesca is ranked as 'up and coming' for Court of Protection Health and Welfare - All circuits

"She is tenacious, eloquent, caring and incredibly talented, which means that she is in increasingly high demand for the most complex of Court of Protection cases."

Legal 500 2018

‘Extremely bright and very talented.’

Chambers UK 2018

"She is tenacious, eloquent, caring and incredibly talented, which means that she is in increasingly high demand for the most complex of Court of Protection cases." 

Legal 500 2017

Ranked as one of the Leading Juniors for Court of Protection 'Extremely bright and very talented'
'An up- and - coming star in the area of Court of Protection; her practice includes a range of mental health and capacity cases involving deprivation of liberty, covert medication and human rights matters.'

Chambers UK 2017

"She has a clear grasp of complicated issues and the ability to convey that to clients." "She is very clear, concise and she cuts through all the nonsense." 

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