Joseph O'Brien

Court of protection, family - children, catastrophic injury, clinical negligence, public/administrative, inquests, employment, disease, St John's Buildings

Work Department

Court of Protection, Family - Children, Catastrophic Injury, Clinical Negligence, Public/Administrative, Inquests, Employment, Disease

Position

For many years Joseph has been recognised as a leader in the field of adult social care and Court of Protection proceedings. He is regularly instructed by local authorities, hospitals, CCGs and other health care providers.

Joseph is also instructed by the Official Solicitor and family members. He regularly advises pre issue providing comprehensive guidance on evidence and focussing on the issues which need to be determined.

Joseph appears in medical and welfare cases, and is often instructed in contested property and affairs applications.

Joseph’s Family Law practice has extensive cross-over with his Court of Protection expertise, involving issues including medical and welfare issues (both of parents/guardians and children), capacity, care, residence, placement, restrictions and health. A number of the cases set out in his Court of Protection section include vulnerable children and issues relevant to the family courts, where there is considerable cross-over between the two jurisdictions.

Joseph also has a formidable reputation as a personal injury specialist.

Since the onset of the argument about what is ‘deprivation of liberty’, Joseph has been at the cutting edge of this jurisprudence. He has appeared in a number of the leading cases and lead in the Supreme Court in the case of P v Cheshire West and Chester Council [2014] UKSC 19 (leading Ian Goldsack).

Joseph’s experience of public law, human rights, mental health and personal injury/clinical negligence ensures that his advice and representation is of the highest quality.

In the field of adult social care he has regularly advised public authorities on service provision, commissioning and procurement issues. He appears regularly in the Administrative Court on applications for judicial review.

Mentions

North Eastern Circuit • Regional Bar

Court of Protection and community care

UNKNOWN1

Joseph O’Brien KC – St John’s Buildings 'An outstanding advocate. His cross examination skills are second to none and he is fantastic with clients. It is always reassuring to have him fighting your client's cause. He is a pleasure to work with.'

Northern Circuit • Regional Bar

Court of Protection and community care

UNKNOWN1

Joseph O’Brien KC – St John’s Buildings ‘Joseph is an outstanding advocate. Judges listen to him with great care and his forensic cross-examination of witnesses in difficult cases needs to be witnessed to be believed – he is simply brilliant.’