Healthcare and Court of Protection

Owain has experience in all fields of healthcare including public law challenges to inclusion/exclusion from performers’ lists, mental health cases in the tribunal structure and judicial review of decisions concerning the criteria for assessment detention and discharge, judicial review training and educational standards and a wide range of Court of Protection and best interests cases involving incapacitated adults in a variety of settings. Previous cases have involved refusal of investigations by a patient with schizo-affective disorder, refusal of a mother to allow administration of anti-retroviral drugs to prevent HIV infection in an infant on religious grounds and residential compulsory treatment for eating disorders.

Selected Cases

  • SSHD v Sergei Skripal & Salisbury NHS Foundation Trust, SSHD v Yulia Skripal & Salisbury NHS Foundation Trust [2018] EWCOP 6: successfully applied for a court order allowing the OPCW to analyse blood samples taken from victims of the Salisbury Nerve Agent Attack.
  • W NHS TRUST v P (BY THE OFFICIAL SOLICITOR) [2014] EWHC 119 (COP): investigations authorised on patient with schizo-affective disorder.
  • DLH v West London Mental Health NHS Trust FTT (2014): 6 day FTT case concerning challenge to the legality of detention for treatment of patient with personality disorder.
  • St Andrews Healthcare v DL (2014): UT Judicial Review of FTT decision in relation to release of detained patient.
  • R (ota Modaresi) v Secretary of State for Health and others [2011] EWCA Civ 1359.
  • R (ota B) v Dr SS (RMO), Dr G (SOAD) and Secretary of State for Health, Court of Appeal [2006] (1 WLR 810): representing the RMO in a five day judicial review hearing and subsequent appeal to the Court of Appeal R (Tene) v Health Education England (2014).
  • Dr N v Warrington PCT [2012] UKUT 179 (AAC).
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