Jake Rylatt

Viewing: Court of Protection for Jake Rylatt

A significant proportion of Jake’s broad public law practice comprises matters within the jurisdiction of the Court of Protection alongside related matters in the Inherent Jurisdiction of the High Court, the Administrative Court, and the First-Tier Tribunal.
Court of Protection
Jake regularly appears in directions and final hearings within the jurisdiction of the Court of Protection, in cases concerning health and welfare and/or property and affairs. He is frequently instructed by the Official Solicitor as well as other litigation friends to P, the Office of the Public Guardian, local authorities, clinical commissioning groups and NHS trusts. Additionally, Jake appears in applications within the Inherent Jurisdiction of the High Court and applications concerning Forced Marriage Protection Orders.
A number of his recent cases contain an international element, in which he is able to draw upon his background and experience in international law.
Health and Welfare
Jake has been instructed in a broad range of health and welfare applications pursuant to sections 16 and 21A of the Mental Capacity Act 2005 (“MCA 2005”), in addition to applications for relief pursuant to the inherent jurisdiction of the High Court. Such cases have included:
SF (Injunctive Relief) [2020] EWCOP 19 – instructed as sole counsel by a local authority in the leading case on the powers of the Court of Protection to grant injunctive relief.
Re LW – instructed by the Official Solicitor in parallel applications pursuant to s16 MCA 2005 and the inherent jurisdiction concerning the restriction of contact between a son, incapacitous mother (P) and vulnerable father, culminating in a three-day final hearing.
Re AB – instructed by a family member of P in a five-day final hearing concerning residence, care and contact, involving questions as to the correct approach to fact-finding and the giving of Lucas directions in the Court of Protection.
Re JJW – instructed by the RPR in a s16 MCA 2005 application concerning residence and care alongside issues surrounding capacity to make decisions as to gender identity.
Re AS – instructed by the Official Solicitor in a s16 MCA 2005 application concerning the return of a British national P to the jurisdiction from a non-Hague Convention State, implication issues of habitual residence alongside residence and care.
Re SO – instructed by a local authority in a contested s16 MCA 2005 application for the relocation of P outside of the jurisdiction.
Re JM – instructed by the Official Solicitor in a s21A MCA 2005 application involving the transfer of P to a residential placement in Scotland, including advising on applications for reciprocal recognition of orders pursuant to the Adults with Incapacity (Scotland) Act 2000.
Re BJ – instructed by the Official Solicitor in an application under s16 MCA 2005 implicating the relationship between the Court of Protection and the Inherent Jurisdiction.
Re MH – instructed by the Official Solicitor to represent P in an application under s16 MCA 2005 involving questions of capacity to consent to sexual relations, to make decisions as to the use of social media and accessing the internet, and to make decisions as to contact with others.
Re MFC – instructed by a family member of P in an application involving capacity to make decisions as to attendance at educational institutions and concerning the relationship between the Court of Protection and the First-tier Tribunal.
Re TL – instructed by a CCG in an application under s21A MCA 2005 in which issues arose as to the responsible public authority under the NHS Act 2006 and the Care Act 2014 respectively.
Re JG – instructed by the Public Guardian in proceedings in the Court of Protection concerning the validity of an LPA for Health and Welfare, including an urgent application in the High Court in respect of medical treatment.
Re AC – instructed on behalf of a family member of P in contested s16 MCA 2005 proceedings concerning issues of residence and care in the context of ‘hoarding’.
Re JH – instructed by a local authority in proceedings pursuant to 21A MCA 2005, involving issues as to the local authority responsible for P’s residence and care, and Articles 5 and 8 of the European Convention on Human Rights.
Re RF – instructed by the Official Solicitor to represent P in an application under s21A MCA 2005 concerning issues of wheelchair use and care planning around previous alcohol abuse.
Property and Affairs
Jake has been instructed in a range of applications concerning P’s property and affairs, often by the Office of the Public Guardian and often involving questions surrounding retrospective assessments of capacity and compliance with duties under the Mental Capacity Act 2005. Such cases have included:
Re WF – instructed by two attorneys appointed under a Lasting Power of Attorney (“LPA”) for Property and Affairs and an LPA for Health and Welfare, to defend an application for revocation of the LPA for Property and Affairs pursuant to s22 MCA 2005. The application raised questions as to the scope of an attorney’s powers and duties, the extent of the jurisdiction of the Court of Protection, and various issues of property law.
Re SK – instructed by the Public Guardian in an application for revocation of a deputyship order which raised questions concerning the use of P’s assets to purchase property outside of the jurisdiction and culminated in a two-day final hearing.
Re RDF – instructed by the Public Guardian in an application for revocation of an LPA for Property and Affairs, from first directions hearing to a contested final hearing.
Re MWR - instructed by the Public Guardian in an application for the appointment of a deputy for property and financial affairs pursuant to s16 MCA 2005, further raising questions concerning the appointment of trustees by the Court of Protection.
Re HJP – instructed by the Public Guardian in an application for a s15 MCA 2005 declaration as to P’s capacity to execute a deed of revocation and, if so granted, a determination as to how the same should be construed.
Other Applications (Inherent Jurisdiction, Forced Marriage Protection Orders)
Jake has been instructed in applications seeking relief pursuant to the Inherent Jurisdiction of the High Court and those concerning Forced Marriage Protection Orders, such as:
Re SF – instructed by a local authority in respect of an application for injunctive relief against a specific individual and, latterly, persons unknown for the protection of P.
Re CB – instructed on behalf of an individual subject to restrictions on his liberty in respect of an application under the inherent jurisdiction by the relevant local authority to authorise such restrictions.
Re LW – instructed by the Official Solicitor in parallel applications pursuant to s16 MCA 2005 and the inherent jurisdiction concerning the restriction of contact between a son, incapacitous mother (P) and vulnerable father, culminating in a three-day final hearing.
Re US – instructed by the Official Solicitor on behalf of P in parallel proceedings within the Court of Protection and the Family Court in respect of a Forced Marriage Protection Order.
Mental Health
Jake has appeared before the First-Tier Tribunal (Mental Health), seeking the release of those detained pursuant to powers in the Mental Health Act 1983, in addition to appearing in the County Court in applications to displace an individual’s ‘nearest relative’ pursuant to s29 of the Mental Health Act 1983.
More recently, Jake has been instructed to advise on specific issues arising in relation to proceedings before the First-Tier Tribunal (Mental Health), particularly concerning the relationship between the Mental Health Act 1983 and the Mental Capacity Act 2005.
Broader Experience of Relevance
Jake is also frequently instructed in matters which implicate issues of mental capacity and mental health but are outside of the jurisdictions identified above. For example:
R (EG) v Parole Board, Secretary of State for Justice and Others [2020] EWHC 1457 (Admin) – instructed as junior counsel by the Official Solicitor on behalf of the claimant in a judicial review claim concerning issues facing prisoners lacking capacity to participate in proceedings before the Parole Board, including whether a litigation friend can be appointed. Led by Caoilfhionn Gallagher QC and Ian Brownhill.
Re JD – instructed to attend a Parole Board hearing to seek the appointment of a litigation friend for a prisoner who was assessed as lacking capacity to participate in the proceedings.
Re EF – instructed in an appeal before the First-tier Tribunal (Health, Education and Social Care Chamber) concerning an Education, Health and Care Plan, running in parallel to proceedings within the Court of Protection.
Re SZ – instructed in a Case Management Review hearing in the First-tier Tribunal (Immigration and Asylum Chamber) to seek the appointment of a litigation friend for an asylum-seeker who lacked capacity to participate in the proceedings.
Re JI – instructed as junior counsel on behalf of an individual with significant physical and mental disabilities seeking asylum, in proceedings before the Upper Tribunal (Immigration and Asylum Chamber). Led by Dr Chelvan.
In addition, Jake appears in inquests involving issues of mental capacity and mental health.
Previous Experience
Before entering practice, as part of the Legal Tools for Peace-Making Project, based at the Lauterpacht Centre for International Law (University of Cambridge), Jake contributed to the development of the award-winning Language of Peace research tool and drafted case studies on key issues arising in peace negotiations. Jake subsequently used these materials to provide training on international law and peace-making to international organisations, including the United Nations, European Union, and the Organization for American States. Jake also acted as Research Assistant to Professor Marc Weller, assisting with academic publications and legal advisory work. He assisted Professor Weller in engagements concerning the conflicts and transitions in Syria, Yemen, Myanmar (Burma) and Transnistria (Moldova).
As well as securing debating accolades, Jake has competed extensively in mooting competitions during his academic stages of training. This includes achieving first place in the Freshfields Bruckhaus Deringer Mooting Competition (2011), and the runner-up place in the Incorporated Council of Law Reporting National Mooting Competition (2012), where he also achieved the distinction of Joint Best Oralist in the Final Round. He also reached the quarter finals of the Lincoln’s Inn Inter-Provider Mooting Competition (2016) and the Philip C. Jessup International Law Moot Court Competition on two occasions (2012 – 2013, 2013 – 2014). On the latter occasion, his team were also runners up for Best Applicant Memorial and Best Overall Memorials.
Appointments
College Research Associate, Wolfson College, University of Cambridge (2015-Present)
Visiting Tutor and Examiner in International Law, University of Leeds (2014-2015)
Awards
Lincoln's Inn: Walter Wigglesworth Pupillage Award (2017)
Lincoln’s Inn: Buchanan Prize (2017)
Lincoln’s Inn: Lord Denning Major Scholarship (2015)
Lincoln’s Inn: Hardwicke Entrance Scholarship (2014)
BPP Law School: Excellence Award Scholarship
University of Cambridge: Philip C. Jessup International Law Moot Court Competition (2013 – 2014) – UK National Rounds Quarter Finalist; Runners Up for Best Applicant Memorial and Best Overall Memorials (c.25,000 words submission required as part of the mooting competition)
University of Leeds: Hughes Extended Essay Prize for Highest Marked LLB Dissertation (2013)
University of Leeds: Hogan Lovells Prize in Commercial Law (2012)
University of Leeds: Sidley Austin LLP Prize in Advanced Legal Research and Law Reform (2012)
University of Leeds: Allen and Overy Debating Competition – Runner Up (2012), Winner (2011)
Memberships
Liberty
Justice
Human Rights Lawyers Association (HRLA)
Administrative Law Bar Association (ALBA)
Young Legal Aid Lawyers (YLAL)
Court of Protection Practitioners’ Association (COPPA)
Criminal Bar Association
Qualifications
BPTC - BPP University, London (2015-2017) - Outstanding - 2nd in Year
LL.M (International) - University of Cambridge (2013-2014)
LL>B Law (Hons) - University of Leeds (2010-2013) - First Class - 1st in Year
Jake has published widely in the fields of public law, human rights law, international law, and EU law, and his work has been cited by national and international bodies such as the House of Lords Select Committee on the Constitution, the EU Parliament, and a dispute settlement panel of the World Trade Organization. It has also been featured in multiple House of Commons briefing papers, written by the House of Commons Library for Members of Parliament. Examples of published works include:
Books:
Articles and Book Chapters:
The Oxford Handbook of the Use of Force in International Law (Oxford University Press, 2015) (as Assistant Editor).
‘Attribution of Conduct in the Context of UN-Authorised International Military Operations: Serdar Mohammed before the Courts of England and Wales’ (2017) 55(1) Military Law and the Law of War Review 75
‘Delegated Legislation, Brexit, and the Courts’ (2017) 22(3) Judicial Review 320 (with Dr Joe Tomlinson)
‘Counterclaims in International Law’ in La Solución de Controversias en Derecho Internacional y Temas Vinculados: Liber Amicorum for Alejandro Turyn (Eudoba: Buenos Aires, 2017) (with Dr Michael Waibel, Cambridge)
‘Something New in Substantive Review: Keyu v Secretary of State for the Home Department’ (2016) 21(3) Judicial Review 204 (with Mr Joe Tomlinson).
‘Immigration and Refugee Law (2014-2015 Legal Year)’ (2015) 6 UK Supreme Court Yearbook 406.
‘Immigration Law (2013-2014 Legal Year)’ (2015) 5 UK Supreme Court Yearbook 338.
‘An Evaluation of the US Policy of Targeted Killing under International Law: The Case of Anwar Al-Aulaqi (Part II)’ (2014) 44(2) California Western International Law Journal 1.
‘An Evaluation of the US Policy of Targeted Killing under International Law: The Case of Anwar Al-Aulaqi (Part I)’ (2013) 44(1) California Western International Law Journal 39.
Online Publications:
‘Provisional Measures and the Authority of the International Court of Justice: Sovereignty vs. Efficiency’ (2013) 1(1) Leeds Journal of Law and Criminology 45.
Written Evidence: Delegated Powers in the ‘Great Repeal Bill’ Inquiry’ (24 February 2017) House of Commons Procedure Committee (with Mr Joe Tomlinson).
‘Identifying the Language of Peace: Developing the Practical and Theoretical Framework of Peace-Making’ (4 January 2017) EJIL: Talk! (with Professor Marc Weller, Dr Tiina Pajuste, Dr Mark Retter and Ms Andrea Varga).
‘And Then There Were Eleven: Some Context on the Supreme Court Sitting En Banc in the Article 50 Case’ (10 November 2016) UK Constitutional Law Association Blog (with Mr Joseph Tomlinson and Dr Duncan Fairgrieve).
‘The Irrevocability of an Article 50 Notification: Lex Specialis and the Irrelevance of the Purported Customary Right to Unilaterally Revoke’ (27 July 2016) UK Constitutional Law Association Blog.
‘Neuberger’s Novelties: Keyu and the Substantive Review Debate’ (17 February 2016) UK Constitutional Law Association Blog (with Mr Joseph Tomlinson).
‘The Use of Force against ISIL in Libya and the Sounds of Silence’ (6 January 2016) EJIL: Talk!.

Latest News & Publications

Jake Rylatt provides an update regarding the Government U-turn on 17th August, how it affects the 2020 A-level and GCSE results and challenging grades & offers for affected students....

Date: Wed, 19 Aug 2020
This year there will be confusion and concern for students and staff alike...

Date: Thu, 13 Aug 2020
Where next when considering capacity concerning sexual relations?...

Date: Fri, 12 Jun 2020