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Marina Wheeler

Call: 1987 

marina.wheeler@1cor.com

Profile

Marina Wheeler has a mixed public and private law practice with a particular focus on social care, mental health and employment work (especially discrimination claims). She acts frequently for local authorities, NHS Trusts and government departments (including the Home Office, the MOD, the Foreign and Commonwealth Office and the Department for Education and Skills).  She also has considerable Inquest experience appearing frequently in cases where the deceased has been detained or receiving support in the community.  

Marina appears most often in the Administrative Court, the Family Division, Employment Tribunals and the EAT as well as Mental Health Review Tribunals and, on occasion, the Parole Board.   Much of her Human Rights work involves Article 8 claims relating to privacy.  Before starting work at the bar she worked for four years in Brussels and a significant proportion of her work continues to have an EU angle.  

She is a member of the Administrative Law Bar Association, the Employment Law Bar Association, the Human Rights Lawyers Association and the European Circuit.

Directories

Administrative and Public Law

Named as a Leading Junior for dealing with prison and mental health case law involving difficult issues. (Legal 500 2008)

Publications

"References to the European Court", Halsbury's Laws of England (4th Edition) Practice and Procedure, 2001
Co-author "The Civil Practitioner's Guide to the Human Rights Act 1998", Old Bailey Press, 1999
Co-author of "Human Rights and Judicial Review – Case studies and Context Bulletin", Butterworths 

Appointments

Accredited Mediator 2011

Attorney General’s A Panel of Counsel – February 2010

Barrister Member of Bar Disciplinary Tribunal 2009

Attorney General’s B Panel of Counsel 2004-2010

Volunteer mediator with Common Ground – East London Community Mediation Service and member of restorative justice programme

Significant cases include the following

R (Royal Brompton & Harefield NHS Foundation Trust) v Joint Committee of Primary Care Trusts & Croydon PCT  [2011] EWHC 2986 (Admin) challenge to the Consultation undertaken into the proposed reconfiguration of paediatric cardiac surgical services following the Inquiry into children’s heart surgery at the Bristol Royal Infirmary. 

R (Maya Evans) v Secretary of State for Defence [2010] EWHC 1445 (Admin) represented MOD to resist claims brought by peace activists challenging lawfulness of UK policy to transfer suspected insurgents captured during operations in Afghanistan to the Afghan authorities. Policy alleged to be unlawful due to concerns about use of torture in Afghan detention.

A v East Sussex County Council and Chief Constable of Sussex Constabulary [2010] EWCA Civ 743 human rights act claim for damages arising out of the decision to remove a child from its mother due to suspected fabricated illness syndrome. Decision considered relationship between emergency protection orders (EPO’s) granted under section 44 Children Act 1989 and police protection orders (PPO’s) under section 46.

East Sussex CC v Stedman, Patten and News Group Newspapers Ltd [2009] EWHC 935 (Fam) representing Mrs Stedman in wardship proceedings and supporting East Sussex County Council’s efforts to restrain and limit media reporting about the private and family lives of her teenage daughter and her granddaughter.

Josiah v MOJ [2009] local magistrate brought proceedings against the Ministry of Justice alleging discrimination on grounds of race – issues included jurisdiction of employment tribunals in relation to claims brought by office holders against other office holders and public bodies.

Enfield LBC v Secretary of State for Health and others [2009] EWHC 743 (Admin) judicial review proceedings challenging the re-organisation of local healthcare services.

M v Secretary of State for Justice [2009] EWHC 768 (Admin) resisting judicial review claim in relation to the Secretary of State’s decision to retain a long-term post tariff-prisoner in closed conditions.
 
Singh [2008] EWHC 2414 (Fam) acted as a special advocate to review claims of public interest immunity made by the Metropolitan Police during contested Children Act proceedings.
 
Re  Price [2008] represented the Prison Service and the Youth Justice Board in a 12 week inquest in relation to the death by hanging of a 16 year old in a Young Offenders’ Institution.

R (Alami and Botmeh) v Parole Board and Secretary of State for Justice [2008] represented Secretary of State in Parole Board and judicial review proceedings where the principal issue was the risk assessment of long-term prisoners who denied the terrorist offences for which they were convicted. 
 
R(G) v Nottingham City Council and Nottingham City NHS Hospitals Trust [2008] represented the Trust in a claim which challenged the legality of the local authority's Pathway Plan under the 2001 Leaving Care Regulations and the separation of a new born infant from its mother in accordance with the local authority's birth plan.

Rayner v (1) Secretary of State for Home Department (2) Mental Health Review Tribunal (3) Kent and Medway NHS Social Care Partnership Trust [2007] EWHC 1028 (Admin) resisted damages claim on behalf of Third Defendant arising out of alleged breach of Article 5 (4) in respect of delays in producing statutory reports for Mental Health Review Tribunal.

Cooper v Parole Board [2007] represented Parole Board in Article 5 (4) claim in respect of Parole Board's refusal to expedite recall hearing to accomodate prisoner's deteriorating mental health.

Other information

VAT Registration No:  648 8979 52

 
 

Phone Clerk
020 7797 7500

Email Clerk

News

Neil Garnham QC, Marina Wheeler and Karwan Eskerie successfully defend NHS proposals for Chase Farm Hospital
Neil Garnham, Marina Wheeler and Karwan Eskerie secure victory for the NHS in North West London reorganisation
Marina Wheeler successfully defends an Integrated Health and Social Care Authority
Philip Havers QC, Jeremy Hyam and Marina Wheeler in judicial review on consultation re closure of centres for paediatric cardiac surgery.