Public & Administrative

3 Serjeants’ Inn has a long and established reputation in public and administrative law and is instructed in the full range of work across this developing field of practice. Chambers has been involved in key human rights cases such as that arising out of the May Day 2001 protests; high profile inquests and public inquiries such as Deep Cut and the July 7th London Bombings; and groundbreaking medical treatment and welfare decision cases such as Bland and Re A (Conjoined Twins). Our Public & Administrative Law team is led by Robert Francis QC.

Judicial Review
Chambers enjoys instructions from claimants and defendants in a wide range of public and administrative law challenges and related advisory work. 3 Serjeants’ Inn barristers have acted in many judicial review proceedings in the healthcare and police fields and through our work in complimentary fields of practice we have a thorough understanding of the practicalities and policy considerations in these sectors.

Human Rights
We are experts in human rights law in the context of a range of different types of litigation. Our tenants have been involved in some of the leading recent human rights cases including:

Austin & Saxby v Commissioner of Police of the Metropolis [2009] UKHL 5 (Article 5);
R (Laporte) v Gloucestershire Police and others [2006] UKHL 55 (Articles 5, 10 and 11);
Rabone v Pennine Care NHS Trust [2009] EWCA Civ 698 (Article 2).

Inquests
Since its inception, Chambers has specialised in representing properly interested persons including the deceased’s family, public bodies, individual professionals, and private organisations at coroners’ inquests. We are regularly involved in the most high profile inquests into deaths in custody in prisons, hospitals and police settings as well as fatal shootings. The Inquest Law Reports are edited by 3 Serjeants’ Inn tenants, Bridget Dolan (who is also Assistant Deputy Coroner for West Sussex) and Debra Powell.

Four members of Chambers are instructed in the July 7th London Bombings Inquests.
Recent Judicial Reviews of coronial decisions involving members of chambers include: R (on the application of P) v HM Coroner for the District of Avon [2009] EWCA Civ 1367.

Public Inquiries
Members of Chambers are noted for their expertise in public inquiries and other non-statutory inquiries, whether in providing counsel for interested parties or as counsel to the inquiry, or accepting appointments as chair of the inquiry. Recent examples include the inquiries into:

The death in British military custody of Iraqi civilian Baha Mousa (2010);
Failures in care provided by Mid Staffordshire NHS Trust (2010), chaired by Robert Francis QC;
The killings of Lynne and Megan Russell by Michael Stone (2006);
The Ladbroke Grove & Clapham Junction rail disasters (2000).

Court of Protection Medical Treatment and Welfare
Members of 3 Serjeants’ Inn have been involved in most of the major reported medical treatment decision cases in the history of this area of law, including Bland (1993); Re A (Conjoined Twins) (2000); Burke (2005); and Baby RB (2009).

We represent all of the various parties in proceedings in the Court of Protection and High Court including the Official Solicitor, CAFCASS / guardians, NHS Trusts, local authorities, patients, family members, carers, government departments and other parties such as charities and public bodies. We write the leading textbook Medical Treatment Decisions and the Law: The Mental Capacity Act in Action, Christopher Johnston (Ed), Bloomsbury, 2010.

In the area of welfare and social care, barristers from 3 Serjeants’ Inn have appeared in many of the headline cases in the Court of Protection and Court of Appeal involving deprivation of liberty under the Mental Capacity Act 2005 (‘MCA’) and the interface of the MCA with the Mental Health Act 1983 (e.g. G v E [2010] EWCA Civ 822; A Local Authority [2010] EWHC 978 Fam. We also regularly act in other cases considering other welfare issues, such as residence, contact with family members, capacity to consent to sexual relations and deputyship.

Mental Health
We specialise in the full range of mental health work for patients, statutory bodies and nearest relatives, including advisory work and appearing in the First Tier Tribunal (Mental Health); applications for habeas corpus; and applications to displace nearest relatives etc. A member of chambers acted in the first mental health appeal to the Upper Tier Tribunal. We have significant experience of appearing in inquests, inquires and medical treatment and welfare decision cases in the mental heath context. Bridget Dolan is part time judge for the First Tier Tribunal (Mental Health).

Information Law
Chambers has significant experience in advising on powers and obligations under the Data Protection Act 1998, Freedom of Information Act 2000, Regulation of Investigatory Powers Act 2000 and related legislation. This is a growing area of specialism in line with the increasing importance of the developing domestic jurisprudence around Article 8. Members of Chambers appear before the Investigatory Powers Tribunal and the First Tier Tribunal (Information Rights).

John Beggs QC recently appeared in Clift v Slough Borough Council [2009] EWHC 1550 (QB) which considered the interface between qualified privilege as a defence to defamation, the Data Protection Act and Article 8.

Sports Law
3 Serjeants’ Inn has significant experience acting for sportsmen and women and their coaches in a range of legal settings. Members of Chambers have act in personal injury and clinical negligence cases involving professional and international athletes. We have also represented sportsmen and women in disciplinary proceedings before their regulators. Mary O’Rourke QC who represented Dr Wendy Chapman in the recent Bloodgate saga, is leading a team from Chambers writing Atkin’s Court Forms: Sports Law.

Treasury Counsel
Debra Powell, Anthony Jackson, Fiona Paterson and Sarah Simcock are members of the Attorney General’s Panel of Treasury Counsel. Adrian Hopkins QC, Christopher Johnston and Clodagh Bradley are former Panel members.

24 Hour Urgent Advice
Our dedicated and experienced clerking team provides a 24 hour service, 365 days a year to arrange for urgent advice and representation from members of the Public and Administrative Law team, and prides itself on dealing with emergency orders and out of hours applications smoothly.