Barrister Fenella Morris QC

Fenella Morris QC

Year of call:
1990
Silk:
2012
Email:
fenella.morris@39essex.com

Clerks:
+44 (0)20 7832 1111

“A highly intelligent barrister whose opinion is valued by judges, she has maturity and gravitas and never loses her cool.” – Chambers UK.

Fenella is a versatile advocate with a practice that encompasses administrative and public law, human rights, regulation and professional discipline, local government, procurement, education and the Court of Protection. Her clients include regulators, from the Professional Standards Authority for Health and Social Care to The Pensions Regulator, and those whom they regulate, local authorities, NHS and private health care bodies, universities, NGOs, such as Liberty, the Official Solicitor and Public Guardian as well as individuals and companies. She has appeared in many landmark cases and has wide experience as an advocate up to the Supreme Court and European Court of Human Rights. She has also mediated and arbitrated diverse disputes.

Administrative & Public


  • Representing an NHS Mental Health Trust in a challenge to a decision by its local CCGs radically to restructure children’s and adolescent mental health services without due regard to the requirements of consultation, the equality duty and the procurement rules.
  • Advising NHS and private bodies on innovative contractual arrangements and procurement processes for goods and services in the NHS.
  • Representing a private mental health service provider in a challenge to a decision of the CQC in pursuit of new policies following Winterbourne View.
  • Representing an NHS body in a challenge brought by the Metropolitan Police and individual officers to the conclusions of a homicide inquiry concerning a psychiatric patient.

The Queen ((1) Mayfield Care Ltd (2) M Latif & S Nawaz (A Partnership)) v St Helen’s Council [2015] EWHC 1057 (Admin)

Council’s “hybrid” approach to setting a rate for residential care home fees upheld.

Ireland & Anor v Health and Care Professions Council [2015] EWHC 846 (Admin)

Application for judicial review considering the scope of the power of the Health and Care Professions Council to supplement an allegation which had already been referred by the Investigating Committee to the Conduct and Competence Committee.

R (Forge Care Homes Ltd and others) v Cardiff and Vale University Health Board and others [2015] EWHC 601 (Admin)

Claim raising important issues concerning who pays for the nursing care of care home residents in Wales.

R (Whapples) v Birmingham Crosscity Clinical Commissioning Group [2014] EWHC 2647 (Admin)

Application for judicial review seeking a ruling to the effect that the Defendant has an obligation under section 3 of the National Health Service Act 2006 to provide the claimant with accommodation as part of the health care package with which it should provide her free of charge under the NHS.

R (Sky Blue Sports & Leisure Ltd & Others) v Coventry City Council [2014] EWHC 2089 (Admin)

A three-day independent judicial review to consider if the loan was an unlawful use of public funds.

Yellon v NHS Commissioning Board & Bargain Dentist.Com [2014] EWHC 1994 (QB)

Claims in contract and restitution arising out of NHS contracts for the provision of dental services.

R (Tracey) v Cambridge University Hospitals NHS Foundation Trust & Ors [2014] EWCA Civ 822

Whether the Resuscitation Council guidance on Do Not Attempt Resuscitation decisions complies with Article 8 of the European Convention, or whether there is an obligation to consult the patient before deciding not to offer resuscitation.

LH v Shropshire Council [2014] EWCA Civ 404

An appeal about the extent of consultation required when a local authority reconfigures its day care services for citizens in its area and then decides to close a day centre.

R (Antoniou) v Central & North West London NHS Foundation Trust and Others

A claim alleging a violation of Article 2 ECHR on the grounds that an investigation into a patient’s death from self-harm while she was detained under the Mental Health Act had not been sufficiently independent.

R (Save our Surgery Limited) v Joint Committee of Primary Care Trusts and Newcastle upon Tyne Hospitals NHS Foundation Trust [2013] EWHC 439 (Admin)

Challenge to decision as to how paediatric cardiac surgery services should be reconfigured nationally, brought by company formed for purpose of litigation with protection of a PCO.

R (M) v LB Hammersmith & Fulham and others [2011] EWCA Civ 77

Difference between responsibilities under section 117 of Mental Health Act 1983 and section 21 of the National Assistance Act 1948.

R (TN) v Secretary of State for the Home Department and others [2010] EWHC 184 (Admin)

Treatment of immigration detainees with HIV.

R (Cardiff City Council) v Welsh Ministers [2009] EWHC 2573 (Admin)

Interpretation of ordinary residence test.

R (Compton) v Wiltshire PCT [2009] EWHC 1829 (Admin)

Decision to reconfigure hospital services upheld and test for grant of PCO considered.

Jones v Powys LHB and others [2008] EWHC 2562 (QB) (Admin)

Claim for restitution in respect of care home fees struck out.

R (Murphy) v Salford PCT [2008] EWHC 1908 (Admin)

Challenge to refusal to provide life-prolonging drugs to claimant with cancer.

R (Compton) v Wiltshire PCT [2008] WLR (D) 123 (Admin)

Test for grant of PCO in context of hospital reconfiguration.

R (Kemp) v Denbighshire LHB [2006] EWHC 181 & 1339 (Admin); [2006] 3 All ER 141

Costs and the payment of interest on sums recovered in judicial review proceedings.

R (Munjaz) v Ashworth Hospital Authority, Mental Health Act Commission, MIND and the Secretary of State for Health [2005] UKHL 58

Seclusion policies – requirement of “in accordance with law” under Article 8 ECHR.

Ward v Commissioner of Police for the Metropolis & others [2005] 2 WLR 1114 (HL)

When issuing a warrant under the Mental Health Act 1983 s.135, a magistrate had no power to impose conditions in the warrant or to name the professionals to be involved in its execution.

R (I-CD Publishing) v Secretary of State [2003] EWHC 1761 (Admin)

Whether new regulations restricting commercial use of electoral register unlawful.

R (CD) v Secretary of State for the Home Department [2003] 1 FLR 979

Termination of placement in prison mother and baby unit.

R v Richmond LBC ex p Watson and others [2002] 2 AC 1127 (HL)

Charging for after-care services      .

R v Ashworth Hospital Authority and others ex p H Times, 10 July 2002, CA

Guidelines on procedure for health and social services authorities who disagree with decisions of the MHRT.

A v A Health Authority (QBD/Fam) [2002] 3 WLR 24

Public law limits on inherent jurisdiction in respect of incapable adults.

R (Hall) v Mental Health Review Tribunal [2000] 1 WLR 1323 (CA)

Responsibility for patients granted conditional discharge.

Human Rights & Civil Liberties

  • Representing, instructed by Liberty, the victims of abuse at Winterbourne View in their claims for damages under the Human Rights Act 1998.
  • Frequently advising The Pensions Regulator and other regulatory and disciplinary bodies on the impact of Article 6 and A1P1 on their procedures, policies and individual decisions.

P v Cheshire West and P and Q v Surrey County Council [2014] UKSC 19

Wide ranging analysis of the meaning of deprivation of liberty under Article 5 ECHR.

Court of Protection

  • Representing a leading children’s hospital in a challenge to the arrangements made by it for the care and treatment of an adolescent with mental health problems outside the framework of the Mental Health Act 1983.
  • Frequently advising and representing NHS bodies, often in situations of urgency, in cases concerning the medical treatment of children and adults who lack capacity, including those potentially requiring life-saving treatment.

Bradbury & Ors v Paterson & Ors [2014] EWHC 3992 (QB)

Application raising novel point about what the Court should do when the Official Solicitor concludes that he can no longer continue to act as litigation friend for a protected party in litigation because the anticipated source of funding for the Official Solicitor’s costs ceases to be available.

P v Cheshire West and P and Q v Surrey County Council [2014] UKSC 19

Wide ranging analysis of the meaning of deprivation of liberty under Article 5 ECHR.

Sandwell and West Birmingham Hospital NHS Trust v CD and others [2014[ COPLR 640

Court guidance on conduct of out-of-hours hearings concerning urgent medical treatment.

NHS v Baby X and others [2013] 1 FLR 225

Declaration that it was lawful for clinicians to cease ventilation of a brain-damaged baby and provide him with palliative care

P v Independent Print Ltd and others [2012] 1 FLR 212 (CA)

Power of Court of Protection to restrict access of media to hearings and to restrict reporting.

M v M and others 2012 (CoP)

Capacity to manage property and affairs, make a will and marry in elderly person.

Re SK [2012] EWHC 1990 (CoP); [2013] PI QR P4

Leading case on whether parties to personal injury proceedings may be joined to Court of Protection proceedings in order to determine issues arising in both sets of proceedings.

LB Tower Hamlets v BB and others [2011] EWHC 2853 (CoP); [2013] 1FLR1080

Declarations in respect of BB, a deaf, learning disabled and mentally ill Muslim woman, that it was in her best interests for her marriage to be annulled, and authorising a deprivation of her liberty at a specialist placement and restricting contact with her family.

PH v A Local Authority and others [2011] EWHC 1704 (CoP)

Test of capacity and approach to be taken to conflicting expert evidence.

Re AVS v A NHS Foundation Trust [2010] EWHC 2746 (CoP and CA)

Application for declaration as to best interests in respect of medical treatment struck out where no clinician willing to provide treatment proposed.

R v C [2009] UKHL 42

Leading case on test for capacity to consent to sexual relations.

A PCT v AH and others [2008] EWHC 1403 (CoP), [2008] 2 FLR 1196

Leading case as to power of Court of Protection to authorise deprivation of liberty under Mental Capacity Act 2005.

A London Borough v KS and others [2008] EWHC 636 (CoP)

Whether adult lacked capacity in relation to residence, marriage, contact, sexual intercourse, gynaecological surgery and contraception, and whether, if she had capacity to decide on contact, her contacts should be restricted on the grounds of vulnerability.

T v BBC [2007] EWHC 1683 (QB)

Injunction against BBC to restrain broadcast of film concerning incapable adult.

E v Channel Four & others [2005] EWHC 1144 (Fam), [2005] 2 FLR 913

Broadcast of documentary concerning incapable adult.

A London Borough v S [2003] 2 FLR 1235

Exercise of inherent jurisdiction.

Re S (Adult Patient) [2002] EWHC 2278 (Fam), [2003] 1 FLR 292

Article 8 ECHR rights of families of incapable adults.

Re F (Adult Patient) sub nom In re F (Adult: court’s jurisdiction) [2000] 3 WLR 1740 (CA)

Extent of inherent jurisdiction.

Munjaz v UK (ECtHR) 2012

Whether seclusion in a psychiatric hospital in breach of Articles 3, 8 and 14.

R (Garbet) v Circle 33 Housing Trust and Eastbourne Homes Limited [2009] EWHC 3153 (Admin)

Whether Housing Trust a public authority under the HRA.

JE v DE, Surrey County Council and EW [2006] EWHC 3459 (Fam)

Whether accommodation in residential care a deprivation of liberty under Article 5 ECHR.

Kolanis v UK (ECtHR) App. No. 517/02

Damages for breach of Article 5.

R v Secretary of State for the Home Department ex parte IH [2003] UKHL 59; [2004] 2 AC 253

Whether psychiatrists public authorities under the HRA.

R v A Hospital Authority ex p RH Times, 10 July 2002

Hospital policy of refusing patients access to condoms not breach of Article 8

R (Pretty) v UK (ECtHR) [2002] 35 EHRR 1

Leading case on assisted suicide: whether Suicide Act 1961 compatible with Arts. 2, 3, 8, 10 and 14 ECHR

R v Partnerships in Care Limited ex parte A [2002] 1 WLR 2610

Private hospital a public authority under HRA

 

Regulatory & Disciplinary


  • Representing a professor of clinical psychology in disciplinary proceedings arising out of her research into the quality of expert evidence given in child care proceedings.
  • Frequently advising bodies as diverse as The Pensions Regulator, the Professional Standards Authority, ICAEW, and the British Psychoanalytic Council as to their vires, policies, procedures and individual decisions.
  • Advising the British Dental Association on a challenge to a new Department of Health policy concerning the training of dentists.
  • Representing the Royal College of Veterinary Surgeons in proceedings brought a vet concerned with the production of bestial pornography.
  • Representing a solicitor in intervention proceedings.

Ireland & Anor v Health and Care Professions Council [2015] EWHC 846 (Admin)

Application for judicial review considering the scope of the power of the Health and Care Professions Council to supplement an allegation which had already been referred by the Investigating Committee to the Conduct and Competence Committee.

The Professional Standards Authority for Health and Social Care v The General Pharmaceutical Council and another [2014] EWHC 2521 (Admin)

Appeal against a decision of the Fitness to Practice Committee of The General Pharmaceutical Council after pharmacist convicted of neglect of her own child.

Professional Standards Authority for Health & Social Care v (1) Nursing & Midwifery Council (2) Janice Harry (2013) QBD (Admin)

The court granted an interim suspension order restricting a nurse, whose registration was about to lapse, from working as a nurse in any capacity pending the final determination of disciplinary proceedings against her, which had the effect of maintaining the Nursing and Midwifery Council’s jurisdiction over her.

R (May) v Chartered Institute of Management Accountants (CIMA) [2013] EWHC 1574 (Admin)

Accountant’s challenge to disciplinary decision of CIMA Appeal Committee.

R (Rycroft) v General Pharmaceutical Council [2010] EWHC 2832 (Admin), [2011] Med LR 23

Delay in referring disciplinary proceedings did not warrant quashing the decision to refer.

Selvarajan v General Medical Council [2008] EWHC 182 (Admin); (2008) LS Law Medical 193

Appeal against sanction: whether delay in proceedings ever relevant to sanction.

R (Gwynn) v General Medical Council [2007] EWHC 3145 (Admin), (2008) LS Law Medical 112

Judicial review of registrar’s decision to refer cases out of time.

Donkin v The Law Society [2007] EWHC 414 (Admin), [2007] NLJ 402

Use of character evidence in disciplinary proceedings.

Law Society v Adcock and Moorcroft [2006] EWHC 3212 (Admin), [2007] 1 WLR 1096

Leading case on the meaning of commission in the Solicitors’ Practice Rules 1990.

Macleod v Royal College of Veterinary Surgeons [2006] UKPC 39

Interpretation of the Medicines Act 1968 and the Veterinary Surgeons Act 1966

Black v Royal Pharmaceutical Society of Great Britain [2005] EWHC 2819 (Admin)

Evidence in disciplinary proceedings.

Singleton v The Law Society [2005] EWHC 2915 (Admin)

Disciplinary procedures of Law Society.

Council for Regulation of Healthcare Professionals v General Medical Council and Solanke [2004] 1 WLR 2432

Threshold for CRHP appeals.

Central & Local Government


  • Representing a private provider of leaving care services for high risk adolescents in claims for breach of contract, defamation and interference with business after its contract was terminated following allegations of safeguarding failures.
  • Advising and representing local authorities and private providers in their disputes with NHS bodies as to policy, procedure and individual decisions concerning the provision and funding of community care services, including aftercare under section 117 of the Mental Health Act 1983.
  • Advising local authorities on innovative regeneration projects including consideration of vires, competition and state aid.
  • Representing a local authority in a claim for the recovery of charges for the provision of care brought against a high profile individual.
  • Advising a local authority on its obligations arising out of its discovery of improper changes to services and charges for them provided to service-users lacking capacity.
  • The Queen (on the application of (1) Mayfield Care Ltd (2) M Latif & S Nawaz (A Partnership) and St Helen’s Council [2015] EWHC 1057 (Admin)

    Council’s “hybrid” approach to setting a rate for residential care home fees upheld.

    R (Forge Care Homes Ltd and others) v Cardiff and Vale University Health Board and others [2015] EWHC 601 (Admin)

    Claim raising important issues concerning who pays for the nursing care of care home residents in Wales.

    R (Sky Blue Sports & Leisure Ltd & Others) v Coventry City Council [2014] EWHC 2089 (Admin)

    A three-day independent judicial review had been called to consider if the loan was an unlawful use of public funds.

    R (M) v LB Hammersmith & Fulham and others [2011] EWCA Civ 77, [2011] ACD 60 (CA)

    Difference between responsibilities under section 117 of Mental Health Act 1983 and section 21 of the National Assistance Act 1948.

    R (Cardiff City Council) v Welsh Ministers [2009] EWHC 2573

    Interpretation of ordinary residence test.

    R (A) v National Asylum Support Service and Waltham Forest LBC (2004) 1 WLR 752 (CA)

    Acted for asylum seeker in first case on disabled child dependants.

    Education


    • Representing a Cambridge college in a judicial review challenge brought to its admission decision.
    • Advising a university in a challenge to its decision to terminate a student’s studies on the grounds of lack of competence in the English language.

    Mr David Winstanley v (1) Professor Brian Sleeman (2) University of Leeds [2013] EWHC 4792 (QB)

    Claim for breach of contract and negligence in connection with the provision by the defendants of the claimant’s post-graduate course.

    Saha v Imperial College of Science, Technology & Medicine [2013] EWHC 2438 QB

    Claim against University by PhD student for damages in excess of £1.5m arising from alleged harassment by supervisor and his research team

    P and Q v Surrey County Council and others [2012] 2 WLR 1056

    Declarations as to best interests in respect of education.

    R (Hanuman) v University of East Anglia [2012] EWHC 3951 (Admin)

    Civil restraint order.

    Da Silva v LB Croydon and The Oratory (First Tier Tribunal)

    Challenge to decision of The Oratory not to admit child whose Statement named it in Part IV.

    Saha v Imperial College [2011] EWHC 3286 (QB)

    Whether the Office of the Independent Adjudicator provided a complete alternative remedy.

    Jibowu v Kings College London 2011 (Central London County Court and CA)

    Claim of race discrimination against medical school.

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