Healthcare and Court of Protection

As well as being instructed in public law challenges to the reconfiguration or closure of hospital services (see Public Law dropdown), many of Marina’s cases have centred on the impact of closing care homes or psychiatric facilities on grounds of patient safety and in light of safeguarding alerts and regulatory breaches. Cases include Griffiths & ors v Care Quality Commission & ors and Arlington House v Torbay Care Trust.

Marina has been instructed in numerous cases involving the detention, management, discharge and recall of mentally disordered patients within the meaning of the mental Health Act 1983. She has advised and appeared in cases involving restricted patients, detained under 37/41 MHA 1983 at Broadmoor, Ashworth and Rampton Special Hospitals, including on the occasion when Dangerous and Severe Personality Disorder (DSPD) units were closed.  Cases include R (L-H) v Secretary of State for Justice; R (G) v Nottinghamshire Healthcare trust & Others.

Marina has been instructed in many employment disputes in the healthcare sector, including many claims of discrimination, bullying and harassment, and whistleblowing.

Marina is a regular contributor to the Quarterly Medical Law Review and recently discussed the Cumberlege Review on Ep. 128 of Law Pod UK. Read more in her recent UK Human Rights Blog post ‘Covid, Consent and the Court of Protection’ and ‘Cases against the medical profession: an extended review’.

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