Judith Rogerson

Healthcare and Court of Protection

Early in her career Judith was instructed by Primary Care Trusts as junior counsel in judicial review proceedings relating to the closure of the maternity department of a hospital and as an interested party in proceedings seeking to challenge the Secretary of State for Health’s approval of a major hospital rebuilding project in the North East of England.

She has represented NHS Trusts in judicial review proceedings, in claims seeking injunctive relief on behalf of hospital staff and in claims seeking declarations relating to the treatment of patients.

She has also been involved in proceedings brought by individual doctors seeking to challenge decisions made by the GMC.

Judith has been instructed in claims seeking declarations from the Court in respect of the treatment of patients in ‘best interests’ cases and where the Court has had to consider Deprivation of Liberty safeguards. Her experience includes cases relating to the administration or discontinuation of treatment and the issue of whether patients should remain in hospital or be discharged into alternative care. In addition she has advised in respect of the protection of the assets of individuals who lack capacity to manage their own affairs. She has made applications on behalf of hospital staff for injunctive relief under the Protection from Harassment Act 1997, including a number of such applications involving mental health issues.

She has also acted in possession proceedings on behalf of Trusts seeking to remove patients who have refused to leave hospital after the conclusion of their treatment.