Bindmans LLP

Elizabeth Cleaver

Solicitor, Public Law and Human Rights Elizabeth’s areas of practice include mental health, Court of Protection, and inquests. She obtained higher rights of audience in 2016 and regularly conducts her own advocacy before tribunals and the Court of Protection. Elizabeth has extensive experience of representing vulnerable adults and their families. Her practice has included welfare matters, as well as cases involving deprivation of liberty and property and affairs. Elizabeth is regularly instructed by the Official Solicitor to represent protected parties. As an Accredited Legal Representative, she is also appointed to act for vulnerable adults directly in welfare cases before the Court of Protection. Elizabeth has in-depth experience of representing those detained under the Mental Health Act at all levels of security. She has a particular interest in forensic cases, and is regularly instructed by those detained under forensic sections, including in high profile matters. Elizabeth seeks to develop long-term relationships with clients and is known for her attention to detail and her persistence in obtaining evidence in support of her clients’ discharge. Besides representing mental health patients themselves, Elizabeth has advised parents, spouses, partners and other family members on their relatives’ rights when detained under the act or voluntarily admitted for care. Elizabeth has acted for patients in civil matters involving unlawful detention and displacement of nearest relatives, and has advised on aftercare issues (such as the adequacy of services offered under section 117 of the Mental Health Act). She is developing a practice in inquests, where her mental health experience is particularly valued in cases involving the death of psychiatric patients. Elizabeth regularly delivers training to lawyers and other professionals on mental health law and the Mental Capacity Act. She also assists in delivering the Mental Health Panel course run by the Mental Health Lawyers Association for prospective members of the Law Society’s Mental Health Accreditation Scheme.  

Will Whitaker

Associate, Public Law and Human Rights Will has represented a large number of vulnerable individuals and their family members in the Court of Protection. He is adept at advancing the interests of his clients, particularly those involved in disputes regarding health and social care. He has successfully guided many individuals through proceedings dealing with a range of issues relating to mental capacity, deprivations of liberty, provision of care, and medical treatment. He has obtained redress for clients bringing civil claims related to Court of Protection proceedings, often under the Human Rights Act. He will bring claims for judicial review where needed to protect the rights of his clients or their family members, and ensure they are provided with the standard of care that they are entitled to. Will also acts in inquests for families who have lost loved ones in difficult circumstances. He regularly deals with large multi-party actions in the Court of Protection, in public law settings, and in other jurisdictions, and is currently representing a number of residents and survivors of the Grenfell Tower Fire in the Grenfell Tower Inquiry. Will has significant experience of helping people who are homeless or at risk of losing their homes. He often defends those faced with possession proceedings, makes claims for unlawful eviction, and challenges homelessness decisions. Will often works with vulnerable individuals in this context, and has expertise in managing cases which involve a crossover between housing and the Court of Protection. Will also works with asylum seekers and other migrants to get them access to support and housing, and has frequently battled to safeguard the interests of people who have suffered domestic abuse in relation to their housing. He also represents clients in relation to other issues involving civil liberties and public law. He has helped those defending civil proceedings brought against them relating to protest, individuals who have been subjected to discrimination, and members of the public who have had wide-ranging problems with local government. Will has a developing practice in advising charities and third sector organisations in relation to a wide range of legal issues, including where disputes have arisen by those running the charity. He has steered charities through court proceedings and mediation in the past.

Laura Hobey-Hamsher

Partner, Public Law and Human Rights. Laura is particularly well known for her work in personal welfare matters, including where there is a deprivation of liberty, and issues relating to an individual’s capacity to marry, and/or capacity to consent to sexual relations. She is regularly instructed by the Official Solicitor, advocates and family members in both the Court of Protection and the High Court, often in cases where there have been allegations of physical and/or sexual abuse. Laura has also earned a reputation for acting for families in serious medical treatment cases, regarding both the provision and withdrawal of treatment. She has extensive experience of cases encompassing property and affairs, the role of the media, civil claims, and considering the interplay between the Mental Capacity Act 2005 and the Court of Protection, and competing jurisdictions. She has a growing practice acting for families in inquests into the deaths of psychiatric patients.