Claire van Overdijk is a specialist public law and private client barrister, with expertise in private international law.

Her public law practice covers a wide variety of contexts concerning both local and central government and non-governmental departmental bodies. She has particular expertise in community care, healthcare, ordinary residence disputes, cases affecting children and vulnerable adults, and those involving a human rights claim (particularly false imprisonment/unlawful detention). Claire is frequently instructed in the High Court, Court of Appeal and specialist tribunals in the public law field. She was appointed to the Attorney General’s B Panel in 2016 following two years on the C panel.

Claire’s private client practice focuses on contentious probate and family provision claims and administration disputes involving allegations of breach of trust, including the removal of trustees/personal representatives. Owing to her expertise in private international law, Claire’s practice frequently extends to advice in relation to cross border disputes concerning trusts, estates, foreign succession and domicile. In the mental capacity context, Claire advises in relation to LPA/EPAs, deputy applications, gift and statutory will applications, and applications for the removal/substitution of P as trustee.

Claire has extensive experience in mental capacity law, is ranked by Chambers and Partners for her expertise in the jurisdiction of the Court of Protection (Health & Welfare and Property & Affairs) and is described as “go-to counsel for international mental capacity matters”. She is the first and currently the only practitioner at the Bar to date to be recognised as a leader in both areas of the COP’s jurisdiction. Claire’s mental capacity practice is complemented by her public law and private client practice, which enables her to provide tailored advice to clients as appropriate. She receives instructions from a range of clients such as the Office of the Public Guardian, the Official Solicitor, public bodies (local authorities, NHS Trusts/ CCGs, central government), deputies and private individuals.

As well as being an editor of Court of Protection Practice (LexisNexis) and a correspondent for the Private Client Business Journal, Claire is an author of International Protection of Adults (OUP), a text which has widely benefitted private client practitioners working in the complex area of cross border mental capacity law. In her spare time, Claire serves as Deputy Chair of the STEP Mental Capacity Global SIG Steering Committee, Secretary of the Court of Protection Barristers Association, and a committee member of COPPA (London).