Nicola Bushby

Partner

“Very careful and experienced”

Legal 500 UK 2018

Nicola is a partner in our Mental Capacity team. Nicola joined Wilsons in 2017 having previously worked at Campbell-Taylor Solicitors for 13 years.

Nicola specialises in Mental Capacity Law and applications to the Court of Protection, including welfare and property & affairs deputyships and preparing Lasting Powers of Attorney.

She acts on behalf of Wilsons Trust Corporation as a property and affairs deputy managing high-value estates, and regularly makes complex applications to the Court of Protection, concerning property, life-time gifts and statutory wills.

Nicola has 14 years of litigation experience, which includes acting for individuals in both domestic and international inter-family will, estate administration and breach of trust disputes in the Chancery Division, often when there is a complex capacity element.  These involve issues around testamentary capacity, undue influence, misconduct by trustees, asset-tracing and recovery.

She also has enormous strength in health and welfare contentious Court of Protection work, representing family members in deprivation of liberty challenges and welfare disputes.  She has been involved in several difficult Court of Protection cases over the years. 

Most recently, Nicola was certified as a Court of Protection Accredited Legal Representative (ALR) for Mental Capacity (Welfare). 


Reported cases

  • AB v HT & Ors [2018] EWCOP 2 on capacity to marry, in which she successfully obtained recognition of an Islamic marriage.
  • Re M [2018] EWCOP 4 involving a successful High Court appeal where a circuit judge had unfairly determined issues relating to residence for a person without capacity.
  • RB v RB [2016] EWCOP 12; PB v RB & Ors [2013] EWCOP B41, an appellate point about the meaning of 'prohibit' in context of a welfare deputy's powers to manage a protected party's contact with others.
  • Ageas Insurance v Gunaratnam [2016] EWHC 845 (QB) successful application for relief from sanction, developing the law, following Denton.
  • LBL v RYJ [2010] EWHC 2665 on the inherent jurisdiction of the High Court.
  • LBH v GP and MP [2010] 13 CCLR 171 on the protocol for removing protected parties when there are safeguarding concerns.

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