Barbara Hewson

Call:1985

Introduction

Barbara is ranked as a Leading Junior by the Legal 500 (2009) in the fields of Public Law and Civil Liberties, and Professional  Discipline and Regulation.

She has represented litigants in a very 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, non-profit organisations and individuals. She also acts as mediation advocate.

The Legal 500 (2009) commends her 'ability as an advocate on difficult and sensitive issues' and says she is 'strong on healthcare regulation and ECHR cases. 'Clients describe her work as 'first rate', find her 'very approachable' and praise her speed of response. Colleagues say she is 'able to think beyond confines of existing law'. On 11 February 2010, the Times featured her as its 'Lawyer of the Week'.

Central and 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.

Court of Protection & Mental Capacity

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 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:

A v Independent News & Media Ltd, 'Times' L.R., April 30, 2010

Independent News & Media Ltd v A, (2010) 1 FLR 916

Ealing LBC v KS & Ors [2008] EWHC 636 (Fam), B. Borough Council v (1) Mrs S (2) Mr S (By Official Solicitor) (2007) 1FLR 1600.

See her article with Alex Rook, The Wrong Key, Solicitors Journal (2010) Vol. 154 No. 21 pp 14 - 5

Discrimination

Barbara has advised and acted in tribunal, county court and High Court litigation, in which discrimination was alleged. These cases have included allegations of vicarious disability discrimination, Part III claims (goods, facilities and services), and breaches of the general equality duty in relation to disability. She has a particular interest in discrimination law, as it applies to the provision of medical services.

She wrote about the Court of Appeal’s ruling in R (E) v JFS: Ethos and Ethnicity Sol. J. (2009) Vol. 153, No. 27, p. 6.

Employment law

Barbara acts for employers and employees in a range of tribunal claims and related appellate work. These involve unfair dismissal, sex race and disability discrimination, and misconduct both in and outside the workplace. She also advises on grievance/ disciplinary processes, and sickness absence issues. Her High Court work includes advising and representing clients concerned with breach of restrictive covenants, misuse of confidential information, and related matters.

She has experience of Part III discrimination claims (goods, facilities and services) in the County Court in cases involving universities and public authorities.
 
Her cases include: Hiscock v Starbucks Coffee Co (UK) Ltd & Anr EAT 9/5/2005, Cave v Goodwin [2001] EWCA Civ 391, Post Office v Liddiard [2001] EWCA Civ 940.

EU law

During 1998-2007, Barbara represented a group of former Welsh coal miners (ex-SWSMA) in the aftermath of the ECJ’s ruling in Hopkins v National Power (1996): see Plant & Ors v European Commission [2002] 4 CMLR 23. The case concerned a complaint under the ECSC about coal purchasing arrangements, and involved extremely rarefied and technical aspects of Treaty obligations, including the consequences of Treaty expiry. She has also done cases on public procurement, and freedom of movement in the context of fertility treatment within the EU.

Barbara’s current practice mainly involves EU law, as it applies in the fields of employment and discrimination law.

See her article A Lamentable Situation, NLJ (2010) Vol. 160 No. 7407 p.330

Healthcare law

Barbara has been involved in litigation involving failure to consult before closure of accommodation for discharged mental patients, disclosure of third party medical records, and the duties of abortion providers under civil and criminal law. Her advisory work includes the regulatory aspects of compulsory PII for healthcare professionals, the liability of professional bodies to the public, and the obligations on NHS Trusts to provide a home birth service. She is experienced in matters arising under the Human Rights Act 1998 and the Data Protection Act 1998.

She has been a member of the Board of bpas since 2007. As a trustee and director of bpas, she also has direct experience of governance and regulatory issues affecting healthcare providers.

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 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 (2008) ranks her a Leading Junior in Civil Liberties.

She regularly writes about civil liberties:  Going public Sol.J. (2009) Vol. 153 No. 19 p.13; Take a photo and be damned? Sol. J. (2009) Vol. 153 No. 16 p.16; Fetishising Images David S. Wall (ed.) Crime and Deviance in Cyberspace (Ashgate, 2009), International Library of Criminology, Criminal Justice & Penology, Second Series;  Privacy at last? Sol. J (2008) Vol. 152, No. 31, p. 10.

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 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. This 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 (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

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

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 foetus.
 
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).

Professional Discipline & Regulation

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 also has experience of drafting conditions of practice, and advising on statutory supervision of midwives.

She is a member of ARDL, and is also Standing Counsel to Independent Midwives UK. She is regularly asked to give lectures in this field of law. In addition, she also sits on Bar Disciplinary Tribunals.
 
Recent cases include Muscat v HPC [2008] EWHC 2798 (QB), Moody v General Osteopathic Council [2008] EWCA Civ 513.

Professional Negligence

Barbara is a member of PNBA and sits on the PNBA's Executive Committee. She and has experience of solicitors’ negligence claims, and clinical negligence. 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. 

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).