Barbara Hewson

Introduction

Barbara is regularly ranked as a Leading Junior by the Legal 500 in the fields of Public & Administrative Law, Human Rights & Civil Liberties, and Professional Discipline and Regulatory Law. Her practice includes Mental Capacity and Court of Protection work, Judicial Review, Inquests, Healthcare Law, Professional Discipline and Employment Law.

Her advocacy experience covers a wide range of courts and tribunals, both in the United Kingdom and abroad, including the ECJ, European Court of Human Rights, and the Supreme Court of the Republic of Ireland. She acts for local authorities, corporations, service-providers, non-profit organisations and individuals. She also acts as mediation advocate.

Chambers UK (2012) describes her as a notable practitioner in Court of Protection work: a 'tough opponent' who is 'always on the ball.' The Legal 500 (2011) also ranks her as 'highly diplomatic' and praises her 'effortless' manner. The Legal 500 (2010) describes her as 'easy to deal with, approachable and decisive.'

She is a keen rider and a founder-member of Hardwicke’s Equine Law Team.

Qualifications

• M.A. (Cantab.), Dip. Law

Professional Associations

• ARDL
• Chancery Bar Association
• ELA
• Professional Negligence Bar Association
• Society of Authors

Public Law

Central & Local Government

Barbara’s work includes advising on and appearing in judicial reviews involving public bodies such as the Legal Services Commission, CSA, Chief Land Registrar and numerous local authorities. They concern a wide range of issues, such as: the interpretation of primary legislation and statutory instruments, discrimination, human rights, and local government powers and duties. She can also advise on the law of torts applying to public bodies.

The Legal 500 ranks her a Leading Junior in Public law. For cases, see under Judicial Review.

Community Care

Barbara advises claimants seeking a range of care services from local authorities and primary care trusts, and defends claims brought against public authorities. Her work  includes issues relating to care plans, charging for accommodation and community care services, Children Act 1989 duties to children in need, closure of residential homes, decision-making for people who lack capacity, disabled people’s services, s. 117 after-care, NHS continuing care, and protection of vulnerable adults (POVA). 

Many of her cases involve human rights issues. She has acted for families of disabled people suffering from a wide range of disabilities, including ADHD, autism, epilepsy, Down’s syndrome, learning disabilities, Duchenne muscular dystrophy, Prader-Willi syndrome, and Rett syndrome.

Human Rights & Civil Liberties

Barbara has been involved in some high profile human rights work, both in England and in Strasbourg. Some of her major cases involve privacy, reproductive rights, and ‘end of life’ issues. She has regularly advised on the law relating to abortion and home birth, and represented Ms De Barra in the first case to challenge Ireland's abortion ban in the European Court of Human Rights. Her notable cases include D. v Ireland (2006) 43 EHRR SE191, Glass v United Kingdom [2004] 1 FLR 1019, P. C. & S. v United Kingdom (2002) 35 EHRR 1075.

Other matters in which she has been instructed include a challenge to the smoking ban, as well as media and data protection issues.

The Legal 500 (2010) ranks her a Leading Junior in Civil Liberties.

She regularly writes about civil liberties:  Suing anon - a rare privilege (2011) S.J. Vol. 155 No.5 p.9; No Roe v Wade (2011) N.L.J. Vol. 161 No.7450 p.119-120; Out of Condition (2011) S.J. Vol. 155 No.3 p.9; Fetishising Images David S. Wall (ed.) Crime and Deviance in Cyberspace (Ashgate, 2009), International Library of Criminology, Criminal Justice & Penology, Second Series.

Inquiries & Inquests

Barbara’s caseload includes advising on the implications of sudden deaths including the role of police investigations, the conduct of autopsies, and coroners’ inquests. She also acts for bereaved families and interested parties at inquests and in related damages actions, often involving human rights. In addition, her work involves advising healthcare professionals, who have been in incidents where sudden deaths occur and whose conduct may potentially be exposed to criticism at an inquest. Last year Barbara recently acted for the family of David Gray in a high-profile inquest which made R.43 recommendations about the use of overseas locum GPs by PCTs. She represented the Legal Services Commission in a judicial review about the availability of  legal aid for inquests and the role of Article 2 of the European Convention: Humberstone v LSC [2010] EWHC 760 (Admin).

For her work in the context of Fitness to Practise inquiries, see Professional Discipline & Regulation.

For examples of her caseload which resulted in a judicial inquiry, see Professional Negligence.

Judicial Review

Barbara’s work includes advising on and appearing in judicial reviews involving public bodies such as the Legal Services Commission, CSA, Chief Land Registrar and numerous local authorities on a wide range of issues including: the interpretation of primary legislation and statutory instruments, discrimination, human rights, and local government powers and duties. The Legal 500 ranks her as a Leading Junior in Public law.

Recent cases include:

R (on the application of RS) v  SSHD & L.B. of Croydon [2011] EWHC 3313 (Admin)

Hossack v. Legal Services Commission [2010] EWHC 1457 (Admin)

Humberstone v Legal  Services Commission [2010] EWHC 760 (Admin)

R (Southwark Law Centre) v Legal Services Commission [2008] 1 WLR 1368 – true construction of the Community Legal Service (Financial) Regulations reg. 24

Sheffield CC v V. (Legal Services Commission Intervening) (2007) 1 FLR 279 – guidance on costs of residential assessments in public law children cases

Mental Health

Barbara’s mental health work includes advising on false imprisonment claims, failure to detain, and s. 117 aftercare issues. She has a particular interest in issues of consent to medical treatment in relation to detainees, and the specific problems facing pregnant detainees.

She was junior counsel for S in the landmark ruling St George's Healthcare NHS Trust v. S [1999] Fam 26, which decided that the MHA 1983 cannot be used to detain people with physical disorders, and that a pregnant woman cannot be compelled to undergo treatment for the sake of her baby. In that case, the woman was suffering from untreated pre-eclampsia, and both she her baby were considered at risk.
 

Court of Protection

Barbara acts for family members, local authorities and protected adults instructed by the Official Solicitor, in cases before the Court of Protection under the Mental Capacity Act 2005. They involve disputes over powers of attorney, best interests, capacity, care contact and residence, deprivation of liberty (DOLS), forced marriage, medical treatment, property and affairs, and statutory wills. She has appeared in some leading cases in this field including for Derek Paravicini, the blind autistic pianist, and for Surrey County Council in P & Q. She also acted in several cases under the former “inherent jurisdiction.” She is regularly asked to give seminars on this area of law.

Her cases include:

C v Blackburn with Darwen Borough Council & Ord [2011] EWHC 3321 (COP)

P & Q v Surrey County Council [2011] EWCA Civ. 190

A v Independent News & Media Ltd, (2010) 3 All ER 32

In the Matter of P (2010) 2 FLR1712

Ealing LBC v KS & Ors [2008] EWHC 636 (Fam)

See her article 'Rescue or Detention?' NLJ (2011) Vol. 161 No.7457 Pages 383-384

Professional Discipline

Barbara defends healthcare professionals in England and Ireland, before Fitness to Practise inquiries and related High Court proceedings. She has appeared before the Nursing Board (Ireland), NMC, HPC, GOC, GOstC and UKCP. Some of her cases involve cross-examining very distressed complainants. She has experience of drafting conditions of practice, and advising on statutory supervision of midwives. She can also advise healthcare professionals on related employment and contractual issues, including unfair dismissal claims and employer disciplinaries. She is currently involved in a test case appeal about the recoverability of costs in regulatory proceedings.

She is a member of ARDL. 
 
Her cases include Muscat v HPC [2008] EWHC 2798 (QB), Moody v General Osteopathic Council [2008] EWCA Civ 513.

Professional Negligence

Barbara has experience of solicitors’ negligence, clinical negligence, veterinary negligence and damages actions against public bodies. She has acted in successful claims by mental patients and prisoners. She has a special interest in maternity care, and in claims involving allegations of trespass to the person, in particular unwanted HIV-testing, Caesareans, oophorectomy and hysterectomy. She is a member of PNBA.

In Ireland, she acted for a number of women suing Our Lady of Lourdes’ Hospital in Drogheda and Michael Neary for unnecessary Caesarean hysterectomies: the subject of Judge Harding-Clarke’s judicial inquiry (2006).

She authored 'Informed Choice in Maternity Care' in Kirkham (ed.) Informed Choice in Maternity Care (Palgrave Macmillan, 2004), and 'Pregnant Women and Consent to Treatment' in Boswell & Poland (eds.) Women’s Minds, Women’s Bodies (Palgrave Macmillan, 2003).