Roger Pezzani

Year of Call: 1997

Roger practices exclusively in mental health law. He represents and advises at all levels, from the First-tier Tribunal to the appellate courts and tribunals.

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Mental Health Law

Overview

Roger practices exclusively in mental health law. He represents and advises at all levels, from the First-tier Tribunal to the appellate courts and tribunals. 

Notable Cases

S v Elysium Healthcare & Secretary of State for Justice [2021] UKUT 186 (AAC)

AD'A v Cornwall Partnership Trust (Mental health) [2020] UKUT 110 (AAC)

SLL v (1) Priory Health Care and (2) Secretary of State for Justice (Mental health) [2019] UKUT 323 (AAC)

LW v Cornwall Partnership NHS Trust and Associated Cases [2018] UKUT 408 (AAC)

R (on the application of C) v Secretary of State for Justice [2016] UKSC 2; [2016] WLR(D) 34, (2016) 149 BMLR 1, [2016] UKSC 2, [2016] EMLR 13, [2016] WLR 444, [2016] 1 WLR 444, 149 BMLR 1, (2016) 19 CCL Rep 5, [2016] HRLR 7

YA v Central and NW London NHS Trusts and Others [2015] UKUT 37 (AAC)

NL v Hampshire County Council (Mental health : All) [2014] UKUT 475 (AAC)

C & Anor v Birmingham and Solihull Mental Health NHS Trust & Anor [2013] EWCA Civ 701; [2013] AACR 1

MD v Mersey Care NHS Trust [2013] UKUT 127 (AAC)

MM v Nottinghamshire Healthcare NHS Trust [2013] UKUT 107 (AAC)

MS v North East London Foundation Trust [2013] UKUT 92 (AAC)

Secretary of State for Justice v MP and Nottinghamshire Healthcare NHS Trust [2013] UKUT 25 (AAC)

AC, Partnerships in Care Ltd v Secretary of State for Justice [2012] UKUT 450 (AAC)

AM v West London MH NHS Trust & Secretary of State for Justice [2012] UKUT 382 (AAC)

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

MB v BEH MH NHST & Secretary of State for Justice [2011] UKUT 328 (AAC)

PS and Camden v Islington NHS Foundation Trust [2011] UKUT 143 (AAC)

MP v Mersey Care NHS Trust [2011] UKUT 107 (AAC)

KF v Birmingham & Solihull Mental Health NHS Foundation Trust [2010] UKUT 185 (AAC)

RM v St Andrew's Healthcare [2010] UKUT 119 (AAC)

MD v Nottinghamshire Health Care NHS Trust [2010] UKUT 59 (AAC)

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; (first instance: R (F) v Secretary of State for the Home Department [2008] EWHC 2912 (Admin) [2008] MHLR 361

M v South West London & St George's Mental Health NHS Trust [2008] EWCA Civ 1112 (07 August 2008)

RD, R (on the application of) v Mental Health Review Tribunal [2007] EWHC 781 (Admin)

R (O) v MHRT [2006] MHLR 326; (2007) 93 BMLR 110; (2007) A.C.D. 16

R (Care Principles Ltd) v MHRT; R (AL) v Care Principles Ltd & ors [2006] M.H.L.R. 365; (2007) BMLR 145

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 (first instance)

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. 74

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 (first instance)

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Notable Cases & News

Garden Court barristers appointed as panel counsel to the Equality and Human Rights Commission (EHRC)

We are delighted to announce that 12 members of Garden Court Chambers have been appointed to the Equality and Human Rights Commission's (EHRC) preferred panel of counsel.

12 June 2024

Garden Court counsel successfully oppose Hospital Trust claim that orders permitting compulsory treatment can be implemented and extended by remote examinations

Garden Court’s Stephen Simblet KC and Ollie Persey acted for PQR, instructed by Deborah Robinson through Cartwright King Solicitors, with Garden Court’s Roger Pezzani and Alex Schymyck instructed by Rheian Davies on behalf of Mind.

20 December 2023

Upper Tribunal provides important guidance on proceeding without aftercare evidence

Roger Pezzani and Alex Schymyck of the Garden Court Mental Health Law Team acting, instructed by Ben Conroy and Joseph Railton of Conroys Solicitors.

17 November 2023

Successful appeal against First Tier Tribunal’s decision to the effect that it no longer had the power to hear patient’s appeal after his change in status

Stephen Simblet QC of Garden Court Chambers was instructed by Rheian Davies, Head of Legal at Mind. Roger Pezzani of Garden Court Chambers was instructed by Adam Marley of GT Solicitors and Advocates.

18 July 2022

Tribunal’s refusal of hearing overturned by Upper Tribunal - Detained patients entitled to hearing when detention circumstances change

Stephen Simblet QC and Roger Pezzani of the Garden Court Chambers Civil Liberties Team represented the appellant.

9 April 2020

Landmark Supreme Court ruling regarding anonymity of mental health patients

Stephen Knafler QC and Roger Pezzani of Garden Court Chambers represented the appellant.

27 January 2016

Supreme Court considers case for mental health patients to remain anonymous in civil court proceedings

In a landmark legal case at the Supreme Court, Stephen Knafler QC and Roger Pezzani of Garden Court Chambers have represented a former mental health patient, known as “C”.

4 November 2015

Court of Appeal to decide on right to anonymity of mentally ill man

Stephen Knafler QC and Roger Pezzani represent mentally ill murderer in bid to preserve his anonymity.

8 July 2014

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Background

Before he became a lawyer, Roger enjoyed working for several years as carer for people with severe learning disabilities. Before that, he received an excellent education at a south London comprehensive school and Sussex university.

Publications

Roger has helped several lawyers and judges write books, but has never written one himself. He sometimes lectures and writes articles in his specialist field.

Training and Seminars

Roger sometimes lectures in his specialist field

We are top ranked by independent legal directories and consistently win awards.

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