Abid Mahmood

Viewing: Court of Protection for Abid Mahmood

Direct Email: AMA@no5.com
Abid Mahmood has been a barrister for over 25 years. He has appeared in cases in this jurisdiction and internationally at the highest levels. He is particularly recognised for his accomplishments in dealing with cases of difficulty. He is able to use his skills from different areas of law for the benefit of his clients. He sits as a part time judge in numerous areas of law.
In Court of Protection, he has extensively appeared in cases and advised in respect of both health and welfare and property and affairs cases. He has acted for all sides, including for the Official Solicitor, Office of the Public Guardian, Local Authorities, Care Homes, the National Health Service in England and Wales, Trusts, private individuals, Deputies and Accredited Legal Representatives. Therefore he has a good all round insight into what the Court will expect and is able to impart that advice clearly to his clients.
Abid Mahmood has been referred to within leading directories for both London and the rest of England and Wales as an expert in three separate areas of law.
In the Legal 500 directory, he is referred to within the Public/Administrative, Planning Law and Regulatory Law Section as, “An Exceptional Advocate”. The directories have also referred to him as, “A persuasive advocate whose paperwork is immaculate”. The Chambers UK Directory refers to his extensive experience in human rights law and connected foreign element issues and that “He picks up principles and develops them well”.
He is also frequently instructed on professional negligence and related issues in respect of the work of deputies, attorneys and solicitors.
Recent Property and Affairs Court of Protection cases include:
Re: F (2020). Instructed by Macks Solicitors, Middlesbrough, on behalf of the Deputy. Successful application for retrospective authority for purchase of a holiday home in Spain after P had suffered an acquired brain injury with a large financial personal injury settlement for P.
Re: M (2020). Instructed by Lodders Solicitors, Stratford-Upon Avon. Appointment of deputy via Mental Capacity Act 2005 and related Trustee Act issues. Contested matters. P was seriously injured after a car accident. Dealing with land and related issues.
Re: T (2019). Instructed by the Office of the Public Guardian. Wolverhampton County Court. Lasting Power of Attorney issues. Replacement. Successful application on behalf of OPG.
Re: D v Office of the Public Guardian. (2019). Brighton County Court. Instructed by the OPG in successful application to replace LPA and Deputy issues.
Re: F v Office of the Public Guardian (2019). First Avenue House, London. Instructed by the OPG in successful application concerning family dispute in respect of P and deputyship/LPA matters.
Re: P v Office of the Public Guardian (2019). Birmingham County Court. Instructed by Lodders Solicitors in successful application for approval of financial deputy’s costs.
JS v Office of the Public Guardian, CH and others v Birmingham East and North PCT (1023719). A lengthy contested case ultimately heard over several days. Acted for a sibling that succeeded in removing the deputy for financial affairs after a multimillion pound personal injury settlement for the P.
He has appeared in numerous other financial and welfare Court of Protection cases across the country, including for the Office of the Public Guardian. Many of the cases he is instructed on have involved complex trust structures, businesses and estates. He is frequently instructed on cases following personal injury settlements after brain damage accidents with funds held by deputies and/or with LPA’s in the multi millions of pounds.
Recent Serious Medical Treatment and Health and Welfare cases include:
A Local Authority v X (2020) Acting for a local authority in respect of trafficking of an adult British citizen and “County Lines” matters relating to a vulnerable party.
H v A NHS Trust (2019). Royal Courts of Justice, London. Acted for the NHS Trust in successful application in respect of urgent High Court application for C-Section relating to P who was pregnant following non-consensual intercourse.
Derbyshire CC v O (2019). Acted for O. Instructed by Duncan Lewis Solicitors in respect of multi-day case with deputyship and H and W issues to a resolution with P remaining with parents.
Nottingham CC v M. (2019) Multi-day contested hearing. Acted for the Local Authority. H and W issues. Embargoed.
Wolverhampton CC v various parties. (2019) Acted for one side in respect of forced marriage and capacity to marry case.
X v Lincolnshire CC . (2019) Written Advice on Human Rights Act Damages claims in 2019 brought against the Local Authority in respect of Court of Protection and related matters.
X v Wolverhampton CC (2020) Advised the Local Authority on Human Rights Act damages claim brought following care and capacity issues.
X v Herefordshire CC (2019) Successful claim for P’s and P’s family in contested big Human Rights Act claim following care, adoption and capacity issues. Aldershot and Farnham County Court.
Herefordshire v K and others (2019) Acted for K in H and W matters.
Bridgend CC v H (2019) Cardiff. High Court. Inherent Jurisdiction. Acted for the Local Authority. Case involved an 8 year old. Successful in obtaining DOLS approval following contested hearing. Crossover with adoption/care proceedings.
Thameside and Derbyshire CC v X (2019). Manchester County Court. Acted for Derbyshire in H and W matters.
Denbighshire CC v H and NHS Board (2019) H and W and P and A matters heard in Wales.
Cheshire West and Chester Council v X (2019) Instructed by the Local Authority to seek injunction to prevent P from leaving the UK for protection of P.
Sheffield City Council v X and Y (2019). Acted for the local authority. Contested multi-day case in respect of risk of removal of P from the UK and cultural issues.
Warwickshire CC v X (2019) Acted for the Local Authority in H and W case.
P v Warwickshire (2019) Acted for one of adult children in contested multi-day case concerning P with dispute between adult children.
X (via ALR) v Denbighshire and others (2020) Acted for the Accredited Legal Representative in contested H and W hearing at Mold County Court. Instructed by GHP Law.
X (via ALR) v Telford and Wrekin CC (2020) Acted for Accredited Legal Representative in contested H and W.
Shropshire CC v CJ (2020) Contested H and W issues. Instructed by the Local Authority.
Calderdale Council v various parties (2020). Acted for the Local Authority in respect of H and W issues relating to end of life care for P with dispute amongst family members as to what was the best course for P.
The Legal 500 (2019) refers to him as: “A distinguished advocate”.
Chambers UK (2019) said, “He is responsive and gives clear advice. He is very courteous and has undeniable knowledge.” It also states that he is “Highly Experienced”
Previous directories for 2018 and before have said:
“A forceful and persuasive advocate”
“He is extremely experienced and knows what to focus on in the higher courts to get you across the line”
Recommendations
“Very good for difficult and unusual cases.”
Legal 500 2020
“Abid’s advocacy is quite beguiling. He is very impressive and persuasive on his feet and is almost able to ‘lull’ the court and the other parties into agreeing with him. He is also superb with lay clients and is able to pitch his advice in just the right way.”
Chambers UK 2020
“A distinguished advocate.”
Legal 500 2019
“Recognised for his broad experience of cases.”
Legal 500 2017
“A forceful and persuasive advocate.”
Chambers UK 2017
Notable Cases
Office of the Public Guardian v XY (2016) (Newcastle County Court)
Issues in respect of a care home. Finance and Property issues.
Office of the Public Guardian v G (2016 and 2017) (Norwich)
Acted for the Public Guardian in respect of financial and deputy issues arising out of tax and trusts structure.
GLW v G, CP and others 114296951(2016)
Complex statutory will issues arising out of a multimillion pound settlement to P. International issues with United States of America and attorney there.
A Welsh Council v Various (2016) (A Court in Wales)
Acted for the local authority in respect of health and welfare issues.
A local authority v A (2016) (A Court in the Midlands)
Acted for siblings in respect of health and welfare and DOLS issues.
X v Ministry of Defence (2016)
Acted at initial stages for the MOD in respect of serious health case at the High Court.
Nottingham City Council v TE (12243241) (2013/2014)
Acted for the local authority in respect of a contested case concerning replacement of the mother as the deputy in property and affairs matters. Assessment of capacity and related issues.
A PCT v PS, RS, and others (1171508T)
Acted for the PCT in respect of DOLS, mental capacity and assessment of medical needs issues.
A PCT v JH and HH (11393702-03)
Acted for the Local Authority in respect of health and welfare issues relating to contested matters with deprivation of liberty and other issues of significance and complexity.
CW v Lancashire County Council (2017 Burnley County Court)
Derbyshire CC v KH and Flintshire CC
YB v Birmingham
Nottingham v MCD and others
Staffordshire CC v MR
Leicestershire PCT v PS
Leicestershire County Council v JS (through her litigation friend the Official Solicitor) and S Limited
Appointments
Recorder of the Crown Court
Recorder of the Civil Court and Family Court
Deputy Upper Tribunal Judge (Immigration and Asylum Chamber)
First Tier Tribunal Judge (Immigration and Asylum Chamber)
Panel barrister Attorney General’s Panel of Special Advocates
Attorney General’s List of Special Advocates. Approved to undertake national security cases requiring a special advocate.
Memberships
Member of Court of Protection Practitioners Association
Administrative Law Bar Association
Family Law Bar Association
Midland Chancery Bar Association
Immigration Law Practitioners Association
Qualifications
Approved by the Bar Council to undertake Public Access work

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