Leonard Lawrence Pilot Slough and Reading County Court SL03D00938

Both solicitor Helen Clift and barrister Dominic Brazil failed to disclose the Court of Protection Medical Certificates they held and or had knowledge of to the court.

Solicitor Sarah Benfield, Head of Family Law, Ratcliffe Duce and Gammer Solicitors

(LONDON) - In September 2010 Barrister Dominic Brazil finally identified to his Head of Chambers, Richard Anelay QC, that Leonard Lawrence had been a patient and subject to the Court of Protection.

April 2012 Barrister Dominic Brazil 1 Kings Bench Walk alleged to His Honour Judge Simon Oliver that he could show that the former Official Solicitor Laurence Oades agreed the sale value of 38 Dukes Wood Avenue, Gerrards Cross. Despite a specific request to Dominic Brazil 1 Kings Bench Walk to support his assertion, no evidence has ever been provided.

January 2013 May Maughan, Deputy Official Solicitor, identified at the Royal Courts of Justice that Laurence Oades the former Official Solicitor had not agreed the sale value of Leonard Lawrence home 38 Dukes Wood Avenue. May Maughan disclosed the previously undisclosed association between Helen Clift a solicitor within the Official Solicitors office and barrister Dominic Brazil 1 Kings Bench Walk Chambers.

Solicitor Helen Clift had allowed barrister Dominic Brazil 1 Kings Bench Walk to place upon Leonard Lawrence Hundreds of Thousands of pounds in cost and adverse inference when with acquired a brain injury Leonard Lawrence lacked mental capacity under Part V11 Mental Health Act 1983.

Both solicitor Helen Clift and barrister Dominic Brazil failed to disclose the Court of Protection Medical Certificates they held and or had knowledge of to the court.

9 November 2013 

To: The Lord Chief Justice, Sir John Thomas,                   Lord Chancellor Rt. Hon Chris Grayling MP,         
Sir James Munby President of the Family Division,         Mr. Justice Charles Court of Protection,        
Mrs Justice Pauffley and all High Court Family Judges                                                                                                                               

 Leonard Lawrence   Slough & Reading County Courts SL03D00938

Mr Richard Anelay Q.C. Deputy High Court Judge, Family Division establishes in September 2010 that Leonard Lawrence had been a patient and subject to the Court of Protection. This had previously been denied in writing to the Bar Standards Board by Alastair Pitbaldo Official Solicitor to the Senior Courts and by May Maughan Deputy Official Solicitor in her letter to the Law Society, Solicitors Regulatory Authority. 

16 April 2012.   His Honour Judge Simon Oliver, Reading County Court.                                                     THE JUDGE: Well, it actually says so in the Official Solicitor’s guide, does it not?                                          MR DAY: It does.                                                                                                                                                THE JUDGE: It actually says in there, "We have to refer this to the Court of Protection".                                MR DAY: Yes,

Principal Registry of the Family Division Sep 2012 RE: Appeal High Court Family Judge. Dear Mr. Lawrence, I referred the matter to the Senior District Judge, District Judge Waller, The appeal application needs to be lodged with the Court of Protection. The file, in the first instance, should be sent to the Court of Protection. I hope this information assists. (Sarah Christou Senior Operations Manager Court of Protection  will not allow the application)   sarah.christou2@hmcts.gsi.gov.uk

The Manager Compliance and Regulatory Unit, Office of the Public Guardian. Ref CSCU516                The Court of Protection has no record of any application being received for you. It was clearly the responsibility of the holder of the medical certificate to ensure an application was made. 

Report by The Law Society appointed solicitor Miss Gillian Anderson                                                      "The Official Solicitor was acting as Mr. Lawrence’s representative and Guardian and as such had the greater duty to protect him. I consider that the majority of the steps that Mr. Lawrence feel should have been taken to protect him should have been taken by the Official Solicitor rather than the firm including the decision and action necessary to invoke the Court of Protection".

Barrister Mr Dorian Day written opinion for the Legal Service Special Cases Unit.

The Court of Protection Point.

1. In many respects as discussed in conference this point is simple

2. Whilst prima facie H has the protection of Official Solicitor he was not registered as a protected party should be in the Court of Protection and/or no receiver was appointed.

3. He was therefore left financially vulnerable at both point of trial and order for sale.

4. In my view this is a serious procedural error and comes within the criteria for an appeal and has led to injustice.

5. This is a case where acute injustice appears to have occurred

6. There is in my view a number of important points of principal involved for future proceedings and irrespective of merits and economic terms which I contend do exist as above-Mr Lawrence should be entitled to be funded publicly so that the points of principal can be clarified by the High Court by way of appeal.               THE FINAL ORDER OF DISTRICT JUDGE FORTGANG IS VOID AS IT HAS NOT BEEN TO THE COURT OF PROTECTION.