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Claire Christopholus | Hill Dickinson

Claire Christopholus

Claire is a senior associate in the Healthcare and Public Law Team, advising NHS and independent health organisations on mental capacity law and general healthcare matters.
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Details

Claire qualified as a solicitor and joined Hill Dickinson in 2016.

Claire specialises in providing advice and representation to NHS Trusts, NHS Integrated Care Boards (ICBs) and independent health organisations, on a range of healthcare matters. This includes mental capacity law; medical treatment disputes; complex hospital discharges; deprivation of liberty safeguards; Court of Protection proceedings; applications to the High Court under the inherent jurisdiction and/or Children Act; serious incident investigations; and mental health law. 

Claire also has five years’ experience as a litigation solicitor advising NHS Trusts and NHS Resolution on complex and high value claims, including major group actions and commissioning claims against NHS England.  

Further details

  • Experience

    Mental capacity law / Court of Protection

    • An NHS Trust and T: 
      Claire represented the NHS Trust in an application to the Court of Protection for an order that it was lawful and in T’s best interests to undergo a caesarean section. The application covered complex issues of fluctuating capacity and contingent declarations. 
    • A, a Local Authority and an NHS Trust:
      Claire represented the NHS Trust in proceedings in the Court of Protection to obtain authorisation for restrictive measures including restraint, sedation and covert medication for a patient with dementia who was resistant to medical treatment and aggressive towards staff. Also dealt with complex discharge and court authorisation for transfer to care home/deprivation of liberty.
    • G, LF, M CCG, M and N:
      Claire assists Paul Allerston, Partner, with ongoing proceedings in the Court of Protection concerning G’s Advance Care Plan and ceilings of care. Complex and difficult case, previously heard by Hayden J in December 2021 - G, Re [2021] EWCOP 69 (13 December 2021) (bailii.org) – and in the Court of Appeal in August 2022: RE G (COURT OF PROTECTION: INJUNCTION) - Find case law (nationalarchives.gov.uk).
    • W and a prison healthcare provider: 
      Claire represented a prison healthcare provider alongside Ben Troke, Partner, in relation to an out of hours urgent application for W to be conveyed to hospital for assessment and treatment due to the patient’s refusal to accept adequate hydration and nutrition.
    • Claire routinely represents ICBs and NHS Trusts in Court of Protection proceedings concerning care and residence best interest decisions, including s21A applications, COPDOL11 applications, and other applications on the personal welfare pathway.
    • Claire advises ICBs on Covid-19 vaccination disputes between GP practices and patient family members, and has experience in preparing applications to the Court of Protection where necessary. 
    • Claire has provided client training on topics including the mental capacity act, deprivation of liberty safeguards, and covert medication.

    High Court Inherent Jurisdiction / Children Act 

    • An NHS Trust and L:
      Claire advised an NHS Trust on legal options, including a potential application to invoke the inherent jurisdiction of the High Court, in relation to a vulnerable adult patient with capacity who had self-harmed and was non-compliant with medical interventions necessary to preserve life. 
    • A Local Authority and a Child:
      Claire represents the ICB in an application to the High Court by the Local Authority to authorise a 16-year-old’s deprivation of liberty in a residential children’s home following discharge from a mental health unit, due to the ongoing risk of suicide and self-harm.
    • An NHS Trust and a Child:
      Claire represented the NHS Trust alongside Amy Clarke, Senior Associate, in proceedings in the High Court in relation to medical treatment for a premature baby. This has included an urgent application for a declaration that it was lawful and in the child’s best interests to receive a blood transfusion in the absence of consent from the mother. 

    Serious Incident Investigations

    • The Northern Care Alliance NHS Foundation Trust:
      Claire assists on a large patient safety recall and serious incident investigation in respect of spinal surgery, reported widely in the press. 
  • Affiliations

    • Member of the Law Society

Claire Christopholus's Expertise