Peter Mant

Year of call:
2006
Email:
peter.mant@39essex.com

Clerks:
+44 (0)20 7832 1111

Peter Mant practises in public and administrative law, professional discipline and costs. His particular areas of specialism within the broad field of public law include human rights, mental health, community care, local government, prisons and Court of Protection. His professional discipline and costs practice compliment his public law work and encompass related areas of professional negligence and commercial law.

Significant Cases

  • Desmond James & Doreen James v HM Coroner for Surrey – Application for fresh inquest into the death of Cheryl James at Deepcut barracks.
  • Professional Standards Authority v (1) GChC (2) Briggs [2014] EWHC 2190 – “Under prosecution” as a ground of appeal under section 29 of the NHS Reform and Health Care Professions Act 2002.
  • P v Cheshire West & P & Q v Surrey Council [2014] UKSC 19, [2014] 2 WLR 642 – Landmark Supreme Court case on deprivation of liberty under Article 5.
  • Professional Standards Authority v (1) NMC (2) Janice Harry [2013] EWHC 4369 (Admin) – Regulatory appeal concerning director of nursing at Mid Staffordshire NHS Trust.
  • R (GSTS Pathology Ltd) v HMRC [2013] EWHC 1801 (Admin) and GSTS Pathology Ltd v HMRC [2014] STI 1610.
    Legitimate expectation and tax treatment of pathology services.
  • Abusabib v Taddese [2013] I.C.R. 603 – Diplomatic immunity and employment of domestic workers.
  • GA v Betsi Caowaladr University LHB [2013] MHLO 50 – Community treatment orders and Tribunal’s powers to grant discretionary discharge.
  • Re LDV [2013] EWHC 272 (Fam) – Capacity to consent to informal admission to a psychiatric hospital.

Administrative & Public


Peter has experience of acting and advising in a broad range of public law cases in addition to the specific fields identified above. Examples include:

  • Acting and advising in a range of prisons cases, concerning categorisation, parole and conditions
  • Acting in judicial review proceedings on the scope of legitimate expectation arising from tax rulings
  • Advising a group of families on a proposed judicial review of the Welsh Assembly Government’s plans for Welsh language primary schools in Cardiff
  • Acting for King’s College London in judicial review proceedings challenging the fairness of its disciplinary procedures
  • A standards investigation into the conduct of the leader of a county council (acting as junior counsel)

Court of Protection

“Technically excellent, he has a persuasive manner in court, and is calm and quietly confident.”  Chambers & Partners 2015

Peter has a busy Court of Protection practice, instructed by the Official Solicitor, families, local authorities and NHS bodies. He has acted and advised in a wide variety of cases, including:

  • Deprivation of liberty challenges
  • Applications concerning serious medical treatment and end of life care
  • Capacity to consent to marriage and annulment of marriage
  • Capacity to consent to sexual relations
  • Proceedings to determine issues of residence, contact and care, including cases involving serious allegations of physical and/or sexual abuse
  • Disputes regarding privacy and disclosure of personal records
  • Applications under the inherent jurisdiction
  • The appointment of finance deputies
  • Disputes concerning property and gifts

Mental Health

He is instructed in mental health cases, including judicial review claims, first-tier tribunal hearings, appeals to the upper tribunal and applications to displace the nearest relative under section 29 of the Mental Health Act 1983. His recent cases have included challenges to community treatment orders and guardianship, as well as detention in hospital.

Community Care

He has advised and acted in a wide range of community care matters, including:

  • Judicial review claims in respect of the withdrawal and/or reduction of services
  • Age assessment proceedings
  • Disputes concerning section 117 aftercare
  • Mediation
  • Civil proceedings in respect of care home charges
  • Advisory work on the powers and duties of local authorities and health bodies, including consultation and equality duties

Human Rights and International Law

Peter has a particular interest in human rights and international law, having worked at the registry of the European Court of Human Rights in Strasbourg between September 2009 and February 2010. Many of the cases in which he is instructed raise human rights issues, particularly issues concerning deprivation of liberty under article 5 and the right to family life under article 8.

He has acted for individuals in a range of claims for damages under the Human Rights Act 1998, including:

  • Proceedings against the police under article 2 in respect of the death of a vulnerable young man who was run over on a motorway after officers left him in a layby
  • A claim under article 8 on behalf of a patient detained under the Mental Health Act 1983 who was denied access to his nephews for two years
  • A challenge, under articles 3 and 8, to inadequate provision of washing facilities for a disabled prisoner
  • Various claims in respect of unlawful deprivation of liberty in prisons, hospitals and care homes under Article 5
  • A claim, under article 8, against the home office in respect of serious procedural failings which led to the wrongful removal from the United Kingdom of a member of the Royal Society of Chemistry and his family

Peter acted on behalf of a domestic worker in one of the leading cases on diplomatic immunity in employment claims (Abusabib v Taddese).

Inquests and Inquiries

Peter acts for interested parties in inquests and inquiries, especially those with a public element and where article 2 is engaged. He was instructed as junior counsel on behalf of the Food Standards Agency in the Public Inquiry into the September 2005 Outbreak of E.coli O157 in South Wales in which a number of school children died.

He currently is acting on behalf of the family of a young army recruit who died at Deepcut barracks, seeking a fresh inquest into her death.

VAT

Peter also undertakes VAT work, including cases involving MTIC fraud. He acted as junior counsel in 4Distribution Ltd v HMRC [2009] SWTI 643.

Pro Bono

Peter is very happy to accept pro bono instruction where appropriate. In recent years, he has worked closely with a number of legal charities and organisations including Liberty, Islington Law Centre and the Anti-Trafficking and Labour Exploitation Unit (ATLEU).

He acted in one of ATLEU’s first cases securing an award of over £80,000 for a migrant domestic worker who had been abused, discriminated against and not paid for several years.

He has recently been involved, with Islington Law Centre, in setting up London’s first not-for-profit community law firm, Green Roots Law

Regulatory & Disciplinary


Peter has a busy and expanding regulatory practice, focusing in particular on health care regulation. He has acted and advised in a wide range of cases concerning doctors, nurses, midwives, opticians, pharmacists, biomedical scientists, osteopaths and social workers. He is particularly experienced in High Court appeals, having acted or advised (either as sole counsel or as junior) in almost every appeal brought by the Professional Standards Authority against decisions of health care regulators in the last year.

Costs & Litigation Funding


Costs work and related commercial claims account for about a third of Peter’s practice. He regularly appears in costs hearings – including detailed assessments and appeals – in the SCCO, the High Court and the county courts. Matters in which Peter recently has been instructed include:

  • Issues arising out of the recent Jackson reforms
  • The recoverability of success fees and insurance premiums
  • The status of solicitors’ bills (interim statute bills or requests for payments on account)
  • Applications for interim costs certificates
  • Alleged breach of CFA terms
  • Solicitors’ negligence
  • Judicial review costs
  • The compatibility of success fees with article 10 ECHR
  • Costs budgeting

Recommendations


Peter Mant is recommended by Chambers & Partners 2015 in the area of Court of Protection: Health & Welfare. Clients are quoted as saying: “Technically excellent, he has a persuasive manner in court, and is calm and quietly confident.” “He has a quiet but authoritative manner, is very measured and calm but is absolutely on the ball and able to put his foot down when necessary.

Call +44 (0)20 7832 1111 for more information

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