Q&As

On an application under the court’s inherent and parens patriae jurisdiction in relation to an adult, which court form is the application made in?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 05 June 2018
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The court will in certain circumstances judicially intervene whether by the exercise of the inherent jurisdiction of the High Court or the jurisdiction of parens patriae. The latter relates to protection that the court can adopt in respect of exploitative relationships. The former is intended to safeguard individual autonomy where they cannot be utilised without intervention. Parens patriae is used in respect of persons who are unable to protect their own interests, such as children and mentally incapable adults and is an ancient doctrine relating back to feudal times and includes the wardship powers of the Senior Courts. The inherent jurisdiction is a residual source of powers which the court may draw upon where just or equitable. Such powers are derived not from

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Superior definition
What does Superior mean?

The grantor of a feudal right to land in return for a money payment called feu-duty.

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