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 of detention powers under the Mental Health Act 1983. The team is very experienced at representing detained patients in the First-Tier Mental Health Tribunal and the Upper Tribunal in addition to the higher appellate courts. The team is especially experienced in representing forensic mental health patients detained in high security and medium security hospitals. The team also advise clients and solicitors 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, inquests concerning death in detention of person's with mental health issues, consultation with patients' nearest relatives and concerning the lawfulness of their detention. Members of the team have also advised MIND and Rethink on aspects of Government mental health policy and reform of mental health law.

Garden Court Chambers also offers specialists in other areas of law who have particular experience and expertise in representing people with mental health problems, for example within the criminal justice system, in care homes, and in immigration detention to provide a comprehensive service to our clients.

It is our aim that this multi-disciplinary approach will challenge and reduce 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 Law Team

House of Lords and Supreme Court

R (von Brandenburg) v Tower Hamlets LBC [2003] UKHL 58, [2004] 2 AC 280.

Upper tribunal (Administrative Appeals Chamber)

EC v Birmingham and Solihull Mental Health NHS Trust [2012] UKUT 178 (AAC)

DC v Nottinghamshire Healthcare NHS Trust and the Secretary of State for Justice [2012] UKUT 92 (AAC)

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

S v Secretary of State for the Home Department [2012] EWHC 1939 (QB)

R (W) v (1) Dr Fintan Larkin, (2) Secretary of State for Justice and others [2012] EW HC 556 (Admin)

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

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)

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)

R (B) v (1) A Haddock (2) Dr J Rigby (3) Dr Wood (2006) H.R.L.R. 40

R (application of MM) v Secretary of State for the Home Department [2007] 1 MHLR 304

R (O) v MHRT [2006] MHLR 326

R (SC) v (1) MHRT (2) The Secretary Of State For Health & Secretary Of State For The Home Department [2005] MHLR 31

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

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

For details of the team members' specialism click on the links to their individual webpages below or contact the clerks to the civil team.

Civil Clerks

For further information please contact the clerking team to the Mental Health Law 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.

Barrister Year of Call Email Address James Bowen 1979 Send Email Nerida Harford-Bell 1984 Send Email Elizabeth Veats 1986 Send Email Edward Fitzpatrick 1990 Send Email Stephen Simblet 1991 Send Email Helen Curtis 1992 Send Email Julia Krish 1992 Send Email Stephen Knafler QC 1993 Send Email Nicos Trimikliniotis 1993 Send Email Liz Davies 1994 Send Email Michael Paget 1995 Send Email Roger Pezzani 1997 Send Email Maya Sikand 1997 Send Email Marina Sergides 2000 Send Email Tim Baldwin 2001 Send Email Brenda Campbell 2002 Send Email Stephen Marsh 2005 Send Email Sarah Hemingway 2006 Send Email Shu Shin Luh 2006 Send Email Deirdre Malone 2006 Send Email Alex Grigg 2007 Send Email Kirsten Heaven 2007 Send Email Jo Wilding 2007 Send Email Helen Foot 2008 Send Email Tom Stoate 2011 Send Email