John McKendrick

Call:1999

Introduction and Contact details

“extraordinary commercial, user friendly and sharp…” Chambers and Partners, 2009

"Formidable knowledge of the education field...inspiring confidence..." Legal 500, 2009

John is a specialist practitioner in the fields of public, administrative, discrimination and education law; he is a recognised leading junior in the fields of:

• Public and Administrative Law (Legal 500)
• Civil Liberties and Human Rights (Legal 500)

• Education Law (Legal 500 and Chambers and Partners)

Tel:    020 7242 2523 (switchboard)
Fax:   020 7691 1234

Email: jm@hardwicke.co.uk

PUBLIC LAW

Central and Local Government

Much of John’s practice involves all aspects of litigation for local government and considerable litigation involving central government departments. He is particularly popular amongst local authority clients for the breadth of his knowledge on social welfare and local government constitutional issues.

He has been involved in a significant number of judicial review and statutory appeal cases involving many local authorities and central government.

R (ota RW) v Harrow LBC Independent Appeal Panel [2008] EWHC 2433 (Admin)
Bedfordshire County Council v SENDIST & Haslam [2008] ELR 33
B v St Michaels Church of England School and the Secretary of State [2008] ELR 116
R (R) v Kent County Council [2007] ELR 648
CB v London Borough of Merton and SENT [2002] ELR 441

Community Care

John is recognised in the Legal 500 2009 as having particular expertise in the area of community care law.

He regularly advises and appears for children, families, the elderly and local authorities in relation to entitlement to services, assessments, provision of services and complex human rights arguments. He regularly appears in the Administrative Court representing both claimants and local authorities.

He has been involved in complex litigation in the Court of Appeal relating to the standard of protection to be offered to vulnerable adults accused of abuse.

Court of Protection

John has been involved in proceedings before the Court of Protection for a number of years.
He has regularly acted for local authorities and family members in relation to complex disputes regarding welfare, housing and contact arrangements.

He has been involved in long and complex cases, involving up to 6 represented parties.

Clients appreciate his common sense ability to find imaginative and constructive proposals to assist in the resolution of complex disputes.

He has experience of the practical and legal issues brought about by deprivation of liberty.

John's significant public and administrative and human rights practice provides him with extensive insight and background for the COP. He is recognised in the directories as a leading junior in the fields of administrative and public law; civil liberties and human rights; and education law.

John's wider practice in the field of social welfare and local government law provides him with a sound foundation for this area of work. He is regularly involved in complex discrimination, community care, mental health and education law cases.

Discrimination

John advises individuals, public bodies and others on all aspects on non-employment discrimination. He has particular experience of discrimination relating to race and disability.

He provides a significant amount of advice to a leading British qualification authority on all aspects of discrimination law.

He regularly for acts for claimants and defendants in proceedings before the county courts, in judicial review proceedings and in the First Tier Tribunal. He appeared in the first ever disability discrimination claim before SENDIST, successfully acting for the defendant.

He successfully defended a statutory tribunal in the first case to consider the scope of the decision in Lewisham v Malcolm [2008] UKHL 43 in relation to education.

R (RW) v Independent Appeal Panel of Harrow Council [2008] EWHC 2433 (Admin).

Education

John has been a leading junior in the field of Education law for many years. Clients admire his tactical know how and his ability to take a commercial view in relation to the strategy behind winning cases.

He has represented hundreds of parents, children, local authorities, schools, colleges, teachers, trades unions, charities and professional associations in various education related litigation over the years. He has been praised for understanding his clients’ needs within their distinctive sectors.

He regularly appears in the Administrative Court and the Court of Appeal.

He represents clients before the First Tier Tribunal for SEN and DDA matters and appears before a variety of statutory tribunals for exclusion, admission, complaints and professional discipline matters.

John also has significant expertise in relation to the independent school sector. He has acted for some of the largest schools in the country advising them in relation to child protection, discrimination, contract, discipline and public benefit issues.

R (ota GR) v IAP St Edward’s College and Another [2009]
R (ota RW) v Harrow LBC Independent Appeal Panel [2008] EWHC 2433 (Admin)
Bedfordshire County Council v SENDIST & Haslam [2008] ELR 33
B v St Michaels Church of England School and the Secretary of State [2008] ELR 116
R (R) v Kent County Council [2007] ELR 648
CB v London Borough of Merton and SENT [2002] ELR 441
S v C School and Others [2002] ELR 73
A v X School [2002] EWHC 798
Clarke v Middlesex University [2002] All ER (D) 140 (Jul)
 

Human Rights and Civil Liberties

John has many years experience advising clients on human rights issues in the field of social welfare law. He has acted for claimants and defendants in this area and has particular experience of the European Convention on Human Rights and in particular the rights under Articles 5, 6, 8, 9, Article 2 of Protocol 1 and Article 14.

He has been involved in complex judicial review proceedings which have involved the right to education, the right to respect for home and family life, the right to liberty and security, the right to fair trial, freedom of thought, conscience and religion, and the prohibition on discrimination.

B v St Michaels Church of England School and the Secretary of State [2008] ELR 116
CB v London Borough of Merton and SENT [2002] ELR 441

Judicial Review

John’s judicial review practice encompasses all his distinct practice areas and he is regularly instructed to appear for claimants, defendants and interested parties in the Administrative Court. He regularly advises clients in relation to judicial review applications in all areas of social welfare law.

He is familiar with emergency and injunctive relief applications and is prepared to be instructed at short notice for urgent and unfamiliar applications.

He has many years experience of the Administrative Court’s practice and procedure.

R (City College Birmingham) v OFSTED [2009] EWHC 2373 (Admin)
R (ota RW) v Harrow LBC Independent Appeal Panel [2008] EWHC 2433 (Admin)
B v St Michaels Church of England School and the Secretary of State [2008] ELR 116
R (R) v Kent County Council [2007] ELR 648
S v C School and Others [2002] ELR 73

Mental Health

John acts for individuals and institutions before the Mental Health Review Tribunal, the County Courts and the Administrative Court.

He has considerable experience of issues relating to nearest relatives.

Professional Discipline and Regulation

John has practised in this area for many years and has significant experience of the regulation of a number of professional disciplines, with particular experience appearing before the General Teaching Council. John has also appeared before the GMC, NMC and other specialist and ad hoc disciplinary bodies. 

Trusts

John also works in the field of off shore private client work. He worked for two years as a legal consultant to a leading off-shire firm based in Panama. He has worked across the Caribbean and South America assisting clients. He has particular experience of trusts, companies and foundations. As a Spanish speaker he is able to be of particular assistance to clients from South America.