David Cobb#10057

David Cobb

Advocate, AM Advocates
David has practised as an Advocate and Legal Author since 1997, following a lengthy career in Local Government.  In the course of developing a mixed Practice, David has established recognition and expertise in the fields of Mental Health, Mental Capacity and Human Rights Law.  He has been instructed in cases in the Court of Session, High Court and Sheriff Court, including Judicial Review and Guardianship matters. Recently, he appeared in an Inner House case concerning the capacity of a Patient to instruct a DNACPR Notice. He has also initiated Litigation under the Equality Act 2010 concerning the lengthy mistreatment of a University Student throughout his Studies.

David has had several written works published, including the commentary on the Mental Health (Care and Treatment) (Scotland) Act 2003, the Scottish Human Rights Service, and most recently, “A Practical Guide to the Sheriff Court and Protecting Vulnerable Adults in Scotland.” He has also had several Articles on this field published in the “Scots Law Times”.

David was an Advisor to the Independent Review of Autism in the Mental Health Act (2019) and takes a particular interest in the future implementation of the UN Convention on the Rights of Persons with Disability in Scotland. This will increase in the light of the recent published Review of Mental Health Law in Scotland.

David takes an active interest in the Third Sector and Pro bono work.  He is a Trustee of Reeltime Music, a youth Music Charity and Partners in Advocacy, a Mental Health Advocacy service.
Contributed to

8

Administration of financial guardianships—Scotland
Administration of financial guardianships—Scotland
Practice Notes

This Practice Note, produced in partnership with David Cobb of AM Advocates, answers some frequently asked questions about issues arising in the administration of a financial guardianship.

Adults with Incapacity (Scotland) Act 2000
Adults with Incapacity (Scotland) Act 2000
Practice Notes

This Practice Note, produced in partnership with Dorothy Kellas of Gilson Gray LLP and David Cobb of Arnot Manderson, discusses the Adults with Incapacity (Scotland) Act 2000, the legislation which provides a framework for safeguarding the welfare and managing the finances of those people in Scotland who are over the age of 16 and who lack capacity due to mental illness, learning disability or a related condition, or an inability to communicate.

Continuing and welfare powers of attorney—Scotland
Continuing and welfare powers of attorney—Scotland
Practice Notes

This Practice Note, produced in partnership with Dorothy Kellas of Gilson Gray LLP and David Cobb of Arnot Manderson, explains how an adult aged over 16 in Scotland can appoint an attorney to look after their affairs under the Adults with Incapacity (Scotland) Act 2000.

Financial and property guardianships—Scotland
Financial and property guardianships—Scotland
Practice Notes

This Practice Note, produced in partnership with David Cobb of AM Advocates, describes who can be appointed as financial guardian to an adult over the age of 16 in Scotland and the steps required to complete the appointment. The duties of a financial guardian, management and inventory plans and termination of a guardianship are also covered.

Guardianship applications in Scotland—court process
Guardianship applications in Scotland—court process
Practice Notes

This Practice Note, produced in partnership with David Cobb of AM Advocates, describes the court process to appoint a welfare and/or financial guardian to an adult over the age of 16 in Scotland from the drafting of the application through to the granting of the order.

Guardianship applications in Scotland—pre-application matters
Guardianship applications in Scotland—pre-application matters
Practice Notes

This Practice Note, written by David Cobb of AM Advocates, summarises the issues to consider before making an application to appoint a welfare and/or financial guardian to an adult over the age of 16 in Scotland.

Welfare guardianships—Scotland
Welfare guardianships—Scotland
Practice Notes

This Practice Note, written by David Cobb of AM Advocates, describes who can be appointed as welfare guardian to an adult over the age of 16 in Scotland and the steps required to complete the appointment. The duties of a welfare guardian and termination of a guardianship are also covered.

Continuing and welfare power of attorney
Continuing and welfare power of attorney
Precedents

This precedent, written by Dorothy Kellas of Gilson Gray LLP, can be used to create Scottish continuing (financial) powers, welfare powers or both types of power.

Practice Area

Panel

  • Scottish Panel

Qualified Year

  • 1997

Experience

  • Faculty of Advocates (1997 - Present)
  • Central Regional Council (1982 - 1996)
  • West Lothian District Council (1980 - 1982)

Membership

  • Faculty of Advocates

Qualification

  • LLB (Hons) Class 2, Division 1 (1980)

Education

  • University of Edinburgh (1976 – 1980)

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