Mental Health
Garden Court Chambers seeks to provide the highest quality representation to people diagnosed with mental disorders. We recognise that such a diagnosis can have multiple legal consequences, for example relating to people's liberty, family life, housing, care needs, welfare benefits and immigration status.
We offer a highly specialised mental health law team, which advises and represents people who have been made subject to the compulsory powers in the Mental Health Act 1983. The team is very experienced at representing patients in the First-tier Tribunal, the Upper Tribunal and the higher appellate courts. The team will also advise on the diverse legal questions which arise when people are detained in hospital, for example in relation to compulsory medication, mixed-gender wards, transfers to and from prison, and consultation with patients' nearest relatives.
Garden Court also offers specialists in other areas of law who have particular experience and expertise in representing people with mental health problems, for example in the criminal justice system, in care homes, and in immigration matters.
It is our aim that this multi-disciplinary approach will protect against the stigma, prejudice and discrimination which individuals with mental health problems continue to face in all areas of their lives, and in the courts.
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Cases involving members of the Mental Health Team
House of Lords and Supreme Court
R (von Brandenburg) v Tower Hamlets LBC[2003] UKHL 58, [2004] 2 AC 280.
Upper tribunal
MB v BEH MH NHS Trust [2011] UKUT 328 (AAC)
RN v Curo Care [2011] UKUT 263 (AAC)
MP v Mersey Care NHS Trust [2011] UKUT 107 (AAC)
PS v Camden and Islington NHS Foundation Trust[2011] UKUT 143 (AAC)
MD v Nottinghamshire Health Care NHS Trust[2010]UKUT 59 (AAC)
RM v St Andrew's Healthcare [2010] UKUT 119 (AAC)
KF v Birmingham & Solihull Mental Health NHS Foundation Trust (MEN) [2010] UKUT 185 (AAC)
BB (Upper Tribunal, Administrative Appeals)[2009] UKUT 157 (AAC).
High Court and Court of Appeal
R (S) v SSHD [2011] EWHC 2120 (Admin)
R (PP) v Secretary of State for Justice[2009] EWHC 2464 (Admin)
R (X) v Secretary of State for Justice [2009] EWHC 2465 (Admin)
R (TF) v Secretary of State for Justice[2008] EWCA Civ 1457 (2009) 106 BMLR 54, (2009) 12 CCL Rep 245, [2008] MHLR 370.
M v South West London & St George's Mental Health NHS Trust [2008] EWCA Civ 1112.
BB v Cygnet Health Care [2008] EWHC 1259 (Admin).
GD v Managers of Edgware Hospital [2008] 1 MHLR 282.
M v Managers of Queen Mary's Hospital [2008] 1 MHLR 303.
R (application IT) v Secretary of State for Justice[2008] EWHC 1717 (Admin) [2008] 1 MHLR 290.
RD, R (on the application of) v Mental Health Review Tribunal [2007] EWHC 781 (Admin)
R (Care Principles Ltd) v MHRT; R (AL) v Care Principles Ltd & ors [2006] M.H.L.R. 365; (2007) BMLR 145.
R (Surat Singh) v Stratford Magistrates' Court & Others [2007] EWHC 1582 (Admin); [2007] 1 WLR 3119; [2007] 4 All ER 407; [2008] 1 Cr App R 2; [2007] ACD 72; The Times, March 27 2007.
R (B) v (1) A Haddock (2) Dr J Rigby (3) Dr Wood(2006) H.R.L.R. 40; (2006) Lloyd's Rep Med 433; (2007) 93 BMLR 52; Independent, July 13, 2006; (2005) 85 BMLR 57.
R (application of MM) v Secretary of State for the Home Department [2007] 1 MHLR 304.
R (O) v MHRT [2006] MHLR 326; (2007) 93 BMLR 110; (2007) A.C.D. 16.
R (SC) v (1) MHRT (2) The Secretary Of State For Health & Secretary Of State For The Home Department [2005]MHLR 31; (2005) A.C.D. 102; (2005) A.C.D. 89; Times, January 24, 2005.
R (LI) v MHRT [2004] M.H.L.R. 150; (2004) A.C.D. 7
R (application of CS) v Mental Health Review Tribunal[2004] 1 MHLR 355.
R (PS) v (1) Responsible Medical Officer (Dr G) (2) Second Opinion Appointed Doctor (Dr W) [2004] M.H.L.R. 1
Holder v Law Society [2003] 1 WLR 1059; [2003] 3 All ER 62
R (Tagoe-Thompson) v Hospital Managers Of Park Royal Centre [2003] 1 WLR 1272; [2003] M.H.L.R. 326; [2003] M.H.L.R. 321 : Times, December 13, 2002; Independent, February 17, 2003.
R (X) v Mental Health Review Tribunal [2003] 1 MHLR 299.
R (on application of C) v Mental Health Review Tribunal[ 2002] 1 WLR 176.
R (application of T) v Mental Health Review Tribunal[2002] 1 MHLR 275.
R (application SSG) v Liverpool City Council[2002] 5 Community Care LR 639.
R (DR) v Mersey Care NHS Trust [2002] EWHC 1810 Admin.
R (H) v Ashworth Hospital Authority [2002] EWCA Civ 923; [2003] 1 WLR 127.
Re Briscoe [1998] COD 402
The team is able to provide specialist Mental Health barristers together with criminal, family law, housing and community care and immigration law barristers specialising in mental health law.
For further information please contact the clerking team to the mental health team at civilclerks@gclaw.co.uk
or call us on 020 7993 7600
The team
Members of the Mental Health team are listed below - click on their names to go to their profiles.
