Ruth Hughes

"is an emerging force within the Court of Protection. She appears in gift and statutory will applications, and also handles lasting powers of attorney and deputyship claims.”

Chamber UK 2013 – Court of Protection

“ up-and-coming young junior, has represented clients up and down the land in recent years and is regarded as a barrister to watch in this area”

Chambers UK 2012 - Court of Protection

Practice

Ruth has a busy Traditional Chancery practice.  She accepts instructions for both contentious and non-contentious work.  Ruth regularly appears in the High Court and the Court of Protection where she is often instructed by the Official Solicitor.  Ruth has spent time seconded to the private client department of a West End firm of solicitors.

Ruth is a member of the Attorney General's C Panel.

Particular Areas of Expertise

Traditional Chancery / Private Client

The core of Ruth’s practice is contentious probate and family provision claims including claims involving mutual wills and proprietary estoppel which she particularly enjoys.  Ruth frequently acts in relation to administration disputes including the removal of trustees/personal representatives and claims involving allegations of breach of trust/duty.  Ruth often advises in respect of the proper construction of wills and trusts and rectification.  Ruth advises on Inheritance Tax and Capital Gains Tax issues in estates and trusts.

Recent experience includes

• Bennett v Petit [2013] EWHC 988 (Ch) - three day want of knowledge and approval claim. Instructed by Russell-Cooke LLP.
• Re King [2010] - instructed for the unborn and unascertained beneficiaries of a divorce settlement in an application under the Variation of Trusts Act 1988. Instructed by Withers LLP.

• A three day will forgery trial in which Ruth overturned the will and other ancillary documents.  Instructed by Blake Lapthorn.
• Ruth acted in the Thorner v Major litigation concerning testamentary proprietary estoppel.
• Obtaining an injunction regarding the scattering of ashes.
• A two day lifetime undue influence claim.  Instructed by Cozens Hardy LLP
• Acting for the Official Receiver in the K v A divorce proceedings before Charles J.

Ruth often undertakes work that involves cross border issues.

Court of Protection

Ruth is one of the leading barristers of her level of seniority in Property and Affairs cases, although she also undertakes welfare claims.  Ruth is often instructed by the Official Solicitor for example in statutory gift and statutory will cases.  Ruth’s experience advising on capital taxation issues, and in drafting wills and trusts is particularly helpful in this area.

Notable cases:

• Successful claim for recognition and enforcement of a Swiss order authorising the execution of a deed of variation of a Swiss will. Instructed by Macfarlanes LLP
• Re AS; SH v LC [2012] MHLO 113 (COP) – an application for a deputyship by a professional

• Re MN [2010] WTLR 1719 with David Rees – the first reported case on Sch 3 to the Mental Capacity Act 2005 concerning the abduction of a mentally incapacitated person from the US. Instructed by Lawrence Graham LLP.

Fraud

Ruth often appears in claims with aspects of fraud.

• Abbey Forwarding (in liq) v Hone [2012] EWHC 3525 (Ch), [2012] WLR (D) 375 acted for HMRC in a two week inquiry in the High Court (HHJ Pelling QC) into liability for damages payable on the cross-undertaking given on the obtaining of a freezing injunction.  This case involved ascertaining the beneficial ownership of shares in various companies in respect of which loss was alleged, led by Stephen Nathan QC and Sarah Harman.  The special damages alleged were between £1 to 1.9m.
• Abbey Forwarding (in liq) v Hone [2013] EWHC 1141(Ch) -the quantum hearing in this case concerning general aggravated damages. Instructed by Howes Percival LLP
• A three day will forgery trial in which Ruth overturned the will and other ancillary documents.  Instructed by Blake Lapthorn.
• Close v Abaowa [2010] EWHC 1920 (QB) – a five-day fraud trial involving the beneficial ownership of property, resulting trusts and the presumption of advancement

Professional Memberships

Chancery Bar Association

Publications and Lecturing

Ruth has taught company law on the Bar Vocational Course and has contributed to the Trust Quarterly Review and other professional journals. She has written headnotes for the Wills and Trusts Law Reports.  She is the assistant editor of the Elder Law Journal and a correspondent for Private Client Business.  Ruth lectures on all areas of her practice and in particular proprietary estoppel, mutual wills and family provision.

Education

Graduated from Trinity Hall Cambridge, 2006, First class (Bateman Scholar)

Erskine Chambers Prize for Company Law

Called to the Bar 2007, Lincoln's Inn (Levitt Scholar)

Ruth is also a local authority governor of Duncombe Primary School in North Islington