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We have experience and expertise in a range of
specialist fields and are able to provide advice and
representation in courts and tribunals at all levels
up to and including the House of Lords.
Judicial Review
Members of chambers have very extensive experience in
public law disputes relating to the manner in which
central and local government and health authorities
discharge their functions. Our expertise in this field
covers a large number of overlapping areas and we act
for both claimants and defendants.
Community Care
We have in-depth experience in this area, acting for
claimants, local authorities and health authorities.
Members of chambers have been involved in a
significant number of landmark cases.
Social Services and Health Services
Members of chambers regularly act in cases relating to
the provision of services by local authorities and
health authorities and are experienced at dealing with
the interface between the two and representing all
parties in charging and resources disputes.
Care Standards
The regulation of health, social care and under-eights
services came into effect in April 2002 and is
continually expanding. We are fully equipped to cover
all aspects of this work. Our head of chambers, Roger
McCarthy QC, is a leading specialist in the field.
Mental Health and Mental Incapacity
We have experience and expertise in all areas of law
relating to mental health and incapacity. We provide
advice and representation at every level of
proceedings: before the Mental Health Review Tribunal;
in applications for judicial review to the
Administrative Court; and in applications to the Court
of Protection. Members of chambers have been involved
in disputes relating to treatment, displacement of
nearest relative, guardianship and restricted cases.
Medical Treatment
We have considerable experience in the use of the
inherent jurisdiction of the High Court in medical
treatment cases.
Social Security
We provide representation at all levels and regularly
advise organisations such as law centres on appeals to
the Social Security Commissioners.
Education
We act for parents and LEAs in Special Educational
Needs Tribunals. A member of chambers sits as a part
time chair of the SENT. We act in exclusion cases and
judicial reviews of LEA decisions. We undertake pro
bono work for the Independent Panel for Special
Education Advice (IPSEA).
Human Rights
We are alive to the impact of the Human Rights Act
1998 on many of the cases in which we are involved and
seek to apply it whenever appropriate.
Reported
Cases
Listed below is a sample of significant
cases in which members of chambers have been involved
in recent years:
R (Johnson and others) v Havering LBC (SS for
Constitutional Affairs and another intervening) [2007] 2 WLR 1097 (CA)
Human rights - Public authority - Functions of public nature - Local authority
under duty to provide accommodation for claimants - Local authority arranging
for accommodation to be provided by private care home - Whether private care
home exercising functions of public nature in providing accommodation - Whether
transfer of local authority care home to private organisation unlawfully
depriving residents of Convention rights
B Borough Council
v S [2006] EWHC 2584 (Fam) [2007] 1 FCR 574
Local authority seeking without
notice relief in respect of husband's hospitalisation in home for
elderly mentally infirm - Whether authority correct to issue without notice
proceedings
Birmingham City Council v H and H [2006] Family Law 227 (Fam)
Test on reconsideration of earlier court findings
Rachel Gunther v South West Staffs Primary Care Trust [2005] BMLR 60 (Admin
Ct)
PCT powers under the National Health Service Act 1977 to establish IUT
R (Moore and others) v Care Standards Tribunal and Commission for Social Care
Inspection [2005] 1 WLR 2979 (CA)
Legal test of care home establishment
Re A Local Authority (Inquiry: Restraint on
Publication) [2004] Fam 96 [2004] 1 All ER 480 [2004] 2 WLR 926 (Fam)
Inherent jurisdiction and restraint on publication of inquiry report
R(W) v NCSC Bailii 2004 ACD (Admin Ct)
Statutory appeal to court against decision of Registered Homes Tribunal -
Adequacy of reasons
McKellar v Hounslow LBC Lawtel 2003 BMLR (QBD)
Registered home closure - Freestanding HRA claims - Interlocutory relief
R (Dudley) v East Sussex County Council [2003] CCLR 18 Lawtel TLR (Admin
Ct)
Registered home closures - Consultation - Human rights
Re P (Parental Dispute: Judicial Determination)
[2003] 1 FLR 286 (CA)
Dispute over parental selection of schools
Cowl v Plymouth City Council Times Law Report 08/01/02 [2002] 1 WLR 803
(CA)
Judicial review and alternative dispute resolution in social services cases
Cowl v Plymouth City Council [2001] 4 CCLR (Admin Ct)
Closure of residential homes - Legitimate expectation - Human rights - Judicial
review
R (NAGALRO) v CAFCASS [2002] 1 FLR 255 [2001] FL
877 (Admin Ct)
Statutory procedure on introduction of terms and conditions for children’s
guardians - Judicial review
R (L), R (R) v Manchester City Council Times Law Report 29/12/01 [2001]
FL 923 [2002] 1 FLR 43 (Admin Ct)
Fostering allowances - Human rights - Judicial review
R v Richmond upon Thames London Borough Council
ex p Watson [2001] QB 370, CA
Judicial review - local government - mental health
aftercare - charges for services under s 117 Mental
Health Act 1983
Greenwich London Borough Council v Grogan [2001]
33 HLR 140, CA
Secure tenancy - nuisance - suspension of order
R v Local Authority and Police Authority in the
Midlands ex p LM [2000] 1 FLR 612, QBD
Judicial review - local government - disclosure of
criminal allegations - human rights
R v Bath Mental Healthcare NHS Trust and Others
ex p Beck [2000] 3 CCLR 5, CA
Judicial review - NHS and social services
O v Wandsworth London Borough Council: Bhika v
Leicester City Council [2000] 4 All ER 590, [2000]
1 WLR 2359, CA
Immigration - human rights - s 21 National Assistance
Act 1948
R v Cumbria County Council ex p Cumbria Professional
Care Ltd [2000] 3 CCLR 79, QBD
Judicial review - mixed economy of community care
A National Health Service Trust v D [2000]
2 FLR 677, FD
Medical treatment - resuscitation - inherent jurisdiction
- human rights
Re F (Adult: Court's jurisdiction) [2000] 2
FLR 512, CA
Mental incapacity - harm to adult - inherent jurisdiction
- declarations
R v Chief Adjudication Officer ex p B [1999]
1 WLR 1695
Welfare benefits - asylum seekers
In re Whitbread (No.2) [1999] COD 370, QBD
Mental Health - habeas corpus - ss 2 and 3 Mental
Health Act 1983
Singh v Bracknell Forest Borough Council and Another
[1999] 1 ELR 51, QBD
Appeal from SENT - parental preference
Brent London Borough Council v Marks [1999]
31 HLR 343, CA
Housing - possession order - whether properly made
R v Westminster City Council ex p Hussain [1999]
31 HLR 645, QBD
Housing - allocation scheme - duty to give reasons
- policy
Ebied and Standish v Hopkins [1998] QB 638,
CA
Rent Act - business premises - sub-tenants
R v Cheshire County Council ex p C [1998] ELR
66, QBD
Education - provision outside England and Wales -
provision of private funds
Fairpo v Humberside County Council [1997] ELR
12, QBD
Education - appeals to SENT - foster parent
Royal Borough of Kensington & Chelsea v Simmonds
[1996] 29 HLR 507, CA
Possession - nuisance - racial harassment
Steane v Chief Adjudication Officer and Another
[1996] 1 WLR 1195, HL
Social security - eligibility for attendance allowance
- local authority accommodation
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