Year of call: 2018
Sophie Hurst has a specialist Court of Protection practice and is regularly instructed in Health and Welfare, Serious Medical Treatment and Property and Affairs cases.
Sophie acts for a range of clients including protected parties, with regular instructions from the Official Solicitor, NHS Trusts, integrated care boards, local authorities, professional deputies and family members.
Sophie offers specialist advice on issues arising from the Mental Health Act 1983 and the Care Act 2014. Her public law experience extends to instructions in Judicial Review and human rights claims.
Sophie has a fast-growing probate and wills practice and specialises in areas of crossover between probate and Court of Protections matters.
Sophie also acts in inquests, specialising in those involving mental health and mental capacity issues and deaths in health care and social care settings.
Sophie is ranked as a Leading Junior in Legal 500 and was shortlisted for Barrister of the Year at the Legal Business Awards 2025
Sophie acts in a wide-range of health and welfare cases including Section 21A applications, Section 16 welfare applications and inherent jurisdiction cases. Sophie accepts instructions in urgent applications for life saving medical treatment, non-urgent medical treatment and end of life withdrawal of treatment cases. She appears regularly before the High Court and has also appeared before the Court of Appeal. She is instructed by the Official Solicitor, integrated care boards, health trusts, private care providers, local authorities and family members.
Serious medical treatment and elective ventilation
RS, Re (Best Interests: Surgery and Intensive Care) [2025] EWCOP 38 (T3) (05 November 2025)
Fact finding hearings in the Court of Protection
Nottinghamshire County Council v SV & Anor [2025] EWCOP 37 (T3) (28 October 2025)
Fluctuating capacity and the use of anticipatory declarations
Darlington Borough Council v AW & Ors [2025] EWCOP 33 (T3)
Committal and injunctions in the Court of protection
MacPherson v Sunderland City Council [2024] EWCA Civ 1579; Macpherson v Sunderland City Council [2025] EWCA Civ 1159
Retrospective assessment of capacity and capacity to litigate
MacPherson v Sunderland City Council [2025] EWCOP 18 (T3)
Deprivations of liberty and young people
J, Re (Deprivation of Liberty: Hospital) [2022] EWFC 121.
Cost applications in the Court of Protections
A Local Authority v ST (Costs application) [2022] EWCOP 11
Withdrawal of life sustaining treatment
Re KM [2021] 5 WLUK 89
Sophie accepts instructions in applications seeking the appointment and removal of attorneys and deputies and regularly appears on behalf of professional and lay deputies, P, local authorities and the Office of the Public Guardian.
Sophie is regularly instructed by professional deputies seeking specialist advice in relation to their general authority, statutory will applications and gifting applications.
Sophie often appears in contested final hearings with expertise in cross-examining professional, expert and lay witnesses on cases involving capacity disputes, factual disputes and arising from alleged financial abuse.
Sophie regularly advises on cases arising from claims for serious personal injury, an area complimented by her experience in both clinical negligence and personal injury work.
Sophie is regularly instructed to advise on issues relating to The Care Act 2014, including Ordinary Residence disputes and disputes arising from local authority charging policies. She has also been involved in challenges following Care Act assessments, eligibility decisions relating to NHS Continuing Health Care Funding and safeguarding appeals.
Sophie has also been involved with a number of public law challenges, specialising in age assessments for unaccompanied asylum seeking children and cases against the Criminal Cases Review Commission
Sophie has a fast-growing probate and wills practice and specialises in areas of cross over between probate and Court of Protections matters. Sophie’s experience in this area extends to disputes over the validity and construction of wills, testamentary capacity and undue influence and deeds of variation and rectification.
Sophie represents families and other interested persons including local authorities, integrated care boards and health trusts in a wide range of inquests. Whilst specialising in issues involving deprivations of liberty, the Mental Health Act, the Mental Capacity Act and cases arising from deaths in healthcare and social care settings, Sophie also appears at inquests involving infant deaths and suicide.
Legal 500 2026
“Sophie often provides elegant solutions to difficult problems. She is extremely knowledgeable. She has a calm and reassuring approach with clients, and is clear and firm in the advice she provides.”
“Sophie is a thoughtful and persuasive advocate. She knows her case and the relevant jurisprudence inside out”
Legal 500 2025
‘Sophie’s advice is always clear, direct and sound; she is very well-respected by judges and opposing parties. Her skill and experience in respect of advising on transitions for young people is evident and she is strong on her feet, never shying away from contested hearings or applications.’
