Avril Rushe

Viewing: Court of Protection for Avril Rushe

Avril has a busy court of protection practice and provides representation in both health and welfare and property and financial affairs matters.
Avril has been instructed by the Official Solicitor, the Public Guardian, family members, CCGs and Health Boards, and Local Authorities.
Avril also accepts instructions in Forced Marriage Protection Order proceedings, cases invoking the inherent jurisdiction of the High Court and nearest relative displacement applications.
Avril is developing an advisory practice in mental capacity and community care law and has a growing expertise in cases involving questions of ordinary residence, habitual residence and applications for the recognition of protection of protective measures.
In 2020, Avril was seconded to the Adult Social Care Team of a highly regarding local authority law firm.
Previous experience
Avril has gained extensive experience in the public law and human rights field working in human rights NGOs and legal advice centres in Germany, Bolivia, the UK and the Netherlands, including the AIRE Centre where she advised on family reunification and the Citizenship Directive. Through this work Avril has developed the skills for dealing with vulnerable clients particularly in the fields of LGBT rights, immigration and asylum, access to healthcare, anti- discrimination, and violence against women. Before joining Chambers, Avril taught in the LL.M programme at the Walther Schücking Institute for Public International Law.
Avril is contactable out of hours and is always happy to assist charities and NGO’s on a pro-bono basis.
Avril speaks fluent Irish and German and has a working knowledge of French and Spanish.
Notable Cases
Health and Welfare
Re. JC [HHJ Goodwin]
Avril was instructed by the Official Solicitor in a section 21A challenge involving issues of residence and care.
Re. BF [DJ Mort]
Avril was instructed by a litigant in person (pro bono through Advocate) in proceedings where contact was in issue between the parties and successfully negotiated changes to a communication and behaviour protocol.
Re. MW [HHJ Plunkett]
Avril was instructed to represent the CCG in a case concerning whether P’s current needs resulted in eligibility for s.117 aftercare
Re. AAM [DJ Beckley]
Avril was instructed to represent the CCG in an application by P’s next of kin to remove her from her current placement, subsequently reconstituted as s21A MCA 2005 proceedings.
Re MT [DJ Regan]
Avril was instructed by the Health Board (Wales) in a case where the diagnostic element of the capacity test had not been resolved. While P was found to lack capacity in the relevant domain, the question was still live as to whether she may regain capacity following treatment (if available).
Re. MNP [DDJ Allen]
Avril was instructed by a Local Authority in a dispute as to P’s capacity relating to his residence, care, and contact. Avril was also required to advise on the inherent jurisdiction of the High Court.
Avril was instructed by the Official Solicitor in this s16 case concerning capacity to consent to sex and to make decisions regarding residence, care and, contact. The case involved overlapping issues of Mental Health Law stemming from an extant Guardianship order.
Property and Affairs:
Re. JN [Senior Judge Hilder]
Avril was instructed by the Public Guardian in proceedings investigating P’s retrospective capacity to execute the LPA.
Re. PL [DJ Wilson]
Avril was instructed by the Public Guardian in proceedings where there were allegations of undue influence by the professional deputy in the partial revocation of a joint power of attorney, as well as dispute regarding when a power of attorney is deemed revoked. Avril successfully negotiated a way forward whereby all parties were willing to accept the appointment of a professional panel deputy.
Re. PJL [DJ Beckley]
Avril was instructed by the Public Guardian in a case involving the alleged mismanagement of P’s funds and the payment of retrospective gratuitous care payments.
Re. GAB [DJ Asokan]
Avril was instructed to represent P’s sons in their application to oppose their sister’s registration of an EPA.
Re. EZ [HHJ George]
Avril was instructed by the Public Guardian in proceedings concerning whether the attorney had capacity to act under the LPA and/or had acted contrary to P’s best interests.
Mental Health
Avril has appeared before the First-Tier Tribunal (Mental Health), seeking the release of those detained pursuant to powers in the Mental Health Act 1983.
Secretary of the Human Rights Lawyers Association
Executive committee member, Inner Temple Junior Bar Association
LLB Law and German Trinity College Dublin
LLM Public International Law University of Amsterdam
MSc. European Integration and Development Vrije Universitat Brussels (Free University of Brussels)
PhD Candidate, Walther Schücking Institute for Public International Law, Germany

Latest News & Publications

Philip Rule and Avril Rushe were instructed in an urgent judicial review to challenge an unlawful recall, and a flawed executive release decision...

Date: Tue, 09 Jun 2020