David Rees

"excellent and approachable." Chambers UK 2013: Chancery Traditional

"an intelligent and strategic thinker "

Legal 500 2012

"he is the big name in this field who everybody wants." Chambers UK 2013: Court of Protection

"a true doyen" of finance and affairs work. .. variously described as "extraordinary," "a guru," and "almost a celebrity in this world." He has been involved in many ground-breaking reported decisions, including the first ever concerning statutory wills. Chambers UK 2012: Court of Protection

he has a "willingness to make himself readily available in spite of a heavy caseload" and a "brilliant mind." Chambers UK  2012 :  Chancery Traditional

'generates real personal chemistry between himself and those he represents'

Chambers UK 2011

'offers helpful and blessedly jargon-free advice'

Chambers UK 2010

‘knowledge of Court of Protection matters is ahead of the competition’, and ‘his calm and level-headed advice always impresses’

Legal 500 2010

Practice

David Rees has a traditional Chancery background specialising in the following areas:

• Court of Protection
• Wills and Probate
• Trusts
• Administration of Estates
• Family Provision
• Capital Taxation

David’s practice encompasses all aspects of wills, estates and trusts. On the contentious side he regularly appears before judges of the Chancery Division and is experienced in contentious probate claims, applications for financial provision and applications under the Variation of Trusts Act 1958. In one long-running case he is acting for a judicial trustee in relation to the administration of a substantial estate with a number of cross-jurisdictional issues. David is also experienced in “undue influence” cases, an area of law which he has argued before the Court of Appeal.  His non-contentious practice includes the provision of advice of capital taxation and the drafting of settlements and their ancillary documents.

David has a particular interest in issues surrounding elderly clients and incapacity. He has established a reputation as a leading practitioner in Court of Protection work, and is regularly instructed by leading firms of private client solicitors and the Official Solicitor.

He is a member of the Court of Protection Users Group, and was on the working parties set up to draft and review the Court of Protection Rules 2007. He is the General Editor of Heywood & Massey: Court of Protection Practice and regularly lectures to audiences around the country on Court of Protection issues.

David was appointed as a Recorder in July 2012 to sit on criminal cases in the South-Eastern circuit.

Professional Reputation

David is one of only five barristers (three at 5 Stone Buildings) recommended in Band 1 of traditional Chancery juniors in Chambers 2011. He is also in The Legal 500 for Private Client (personal tax, trust and probate).

Notable Cases

David's notable cases include:

• Re HM [2012] WTLR 281 (appointment of deputy preferable to personal injury trust)
• Re G (TJ) [2011] WTLR 231 (Application of “best interests” principle in relation to statutory gift applications and role of “substituted judgment” under Mental Capacity Act 2005)
• Re D [2012]Ch 57 (Extent to which Court of Protection should authorise statutory will to forestall contentious probate proceedings).
• Re MN [2010] WTLR 1355 (Leading authority on Court of Protection’s International jurisdiction. Extent to which Court of Protection entitled to have regard to “best interests” on application to recognise and enforce order of foreign court in relation to incapacitated person)
• Baker v H [2009] WTLR 1719 (A test case on the criteria for setting the level of security bonds for deputies).
• Re P [2009] 2 All ER 1198 (Application of “best interests” principle in relation to statutory will applications).
• Re J [2010] Ch 33 (Instructed by Public Guardian - registration of EPA appointing successive attorneys)
• Re H [2009] (Instructed by Official Solicitor as amicus curiae - setting appropriate level of deputy’s security bond)
• Re G(ET) & G(TJ) [2008] WTLR 599 (statutory gifts under the Mental Health Act 1983).
• Re B (A Patient) (Court of Protection: Appeal) [2006] 1 WLR 278 (CA) (whether permission required for appeal to Court of Appeal from Court of Protection)
• G v Official Solicitor [2006] WTLR 1201 (CA) (Court of Protection - statutory will & exercise of judicial discretion)
• Able (UK) Holdings Ltd v Skelton [2006] STC 1902 (Ch); [2007] STC 1738 (Ch); [2008] STC 136 (CA) (whether payment taxed as capital or income)
• Re Harrison deceased [2006] 1 All ER 858 (Ch) (construction of will & application of section 22 of the Administration of Justice Act 1982)
• Turkey v Awadh [2006] WTLR 553 (CA) (undue influence)
• Spectrum Computer Supplies Ltd v HMRC [2006] STC (SCD) 559 (National Insurance contributions & whether assignment of book debts a payment in kind)
• Halewood International Ltd v HMRC [2006] STC (SCD) 556 (National Insurance contributions & practice on lead case procedure)
• EDI Services Ltd v HMRC (No 2) [2006] STC (SCD) 539 (National Insurance contributions & whether payment in antique gold coins a payment in kind)
• Haven Healthcare (Southern) Ltd v York [2005] STC 1662 (Ch) (jurisdiction to strike out appeal)
• Norton v Thompson [2004] STC (SCD) 163 (Income Tax & claim for loss relief)
• Jerome v Kelly [2004] STC 887 (HL) and [2003] STC 206 (CA) (Capital Gains Tax - disposals under contracts)
• Clancy v Clancy [2003] WTLR 1097 (Ch) (testamentary capacity - reaffirmed the operation of the rule in Parker v Felgate)
• Parmar v Woods [2002] STC 846 (Ch), [2003] STC (SCD) 297 (Capital Allowances / fairness of hearing)
• Wardhaugh v Penrith RUFC [2002] STC 776 (Ch) (Capital Gains Tax - rollover on re-investment)
• HSBC Life (UK) Ltd v Stubbs [2002] STC (SCD) 9 (loan relationships)
• Re W [2000] Ch 343 (Ch) and [2001] Ch 609 (CA) (burden of proof in objection to registration of enduring power of attorney)

Professional Memberships

David is a member of the Society of Trusts and Estates Practitioners (STEP), the Association of Contentious Trust and Probate Specialists (ACTAPS) and the Chancery Bar Association. He is also an Honorary Member of Solicitors for the Elderly.

Publications and Lecturing

David is the General Editor of Heywood & Massey: Court of Protection Practice. He regularly writes for various professional journals and he was a contributor to the Law Society's Elderly Client Handbook (published 2004).

David frequently lectures on issues relating to the Court of Protection. Recent audiences have included STEP London Branch, the Solicitors’ for the Elderly Annual Conference and leading private client solicitors’ firms.

David took a keen interest in the reforms that led to the introduction of the Mental Capacity Act 2005. He was a member of the Rules Group that advised on the drafting of the new Court of Protection Rules, and is currently a member of the Court Users’ Group.