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John de Bono

CALLED TO THE BAR 1995

Junior Counsel


Mental Health Profile

Background

 

1990 Downside School
1993 1st Class Honours, Oxford University, Philosophy and Theology
1994 CPE, De Montfort University, Leicester, (placed 1st)
1995 ICSL, called to the Bar

Email: jdebono@3serjeantsinn.com



General Information

 


Directory Comments

 

John is recommended in police law and clinical negligence by leading legal directories Chambers & Partners and the Legal 500.

 

John de Bono is considered to be “reliable counsel.” Chambers and Partners 2010


John de Bono continues to build an impressive practice with an emphasis on disciplinary work. He has particular interest in judicial review and public law generally. Chambers and Partners 2010

 

'...“star of the future” John de Bono has won some challenging medium and high-value cases. He is admired for his “enthusiastic, pleasant style,” and for his “well-prepared advocacy and sound judgement.”' Chambers & Partners 2009 

 

"...able to identify and deal with the crux of a claim simply and efficiently..." Legal 500 2008



Nature of Practice

 

Inquiries

John was instructed as counsel to the Broadmoor Inquiry into the Homicide of Richard Loudwell, in April 2004.  The Inquiry was chaired by Robert Francis QC and started hearing evidence in September 2005.  The report was published in October 2009.


Judicial review 

John regularly acts for local authorities, NHS Trusts and individuals in actions involving challenges to the provision of services under the Mental Health Act, Care Standards Act and other community care legislation.


Human rights 

John is experienced in advising on the impact of the Human Rights Act in mental health law including issues such as the recognition of same-sex relationships under the MHA and the entitlement of restricted patients to be repatriated to their country of origin.


Care standards 

John has considerable experience of the application of the Care Standards Act 2000 to the regulation of care homes and domiciliary care agencies. He represented the charity Alternative Futures in the leading appeal to the Care Standards Tribunal on deregistration under the Care Standards Act. He acted for learning disabled residents of supported living schemes in challenges to the NSCS/ CSCI which went to the Court of Appeal: (Moore v. CST & CSCI (2005) 1 WLR 2979 : (2005) 3 All ER 428)


Personal injury 

John has considerable experience of personal injury case involving the mentally ill including cases where the disability preceded the relevant accident and professional negligence cases involving psychiatry. He was junior counsel for Liverpool City Council in the leading case of Ryan v. Liverpool Health Authority and Liverpool City Council (2002) Lloyd’s Rep Med 23 concerning the award of damages for care and accommodation to patients under the National Assistance Act 1948.



Specialist Information

 


Reported and other cases of Interest

 
Broadmoor Inquiry, published October 2009
Moore v. Care Standards Tribunal and CSCI  (2005) 1 WLR 2979 : (2005) 3 All ER 428, CA: the grant of a tenancy to a resident was not inconsistent with that person living in a care home for the purposes of the Care Standards Act 2000.
Ryan v. Liverpool Health Authority and Liverpool City Council (2002) Lloyd`s Rep Med 23:  a patient for purposes of litigation was entitled to free care and accommodation regardless of level of damages.
Liverpool City Council v. Secretary of State for Health Stanley Burnton J., Lawtel
Consultation by central government about grants to local authorities relating to the provision of community care services to persons who formerly had preserved rights under s.93 Local Government Act 2000 was neither inadequate or irrational.


Clients

 


Publications

 


Lectures and Seminars

 

John regularly lectures to solicitors and other interested groups.



Related Professional Activities

 
Member of Personal Injury Bar Association and Professional Negligence Bar Association.

Other Information