Peter Mant

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

Clerks:
+44 (0)20 7832 1111

“A go-to junior, he has excellent judgement and is a pleasure to work with.”
Chambers and Partners 2017

Peter Mant specialises in public and administrative law, professional discipline and costs. His practice spans a broad range of areas governed by public law, regulation and human rights, including healthcare, community care, mental capacity and mental health, prisons, education and indirect tax. His clients include individual claimants and regulated professionals, central and local government departments, regulators and non-governmental organisation.

Administrative & Public


General Public Law

He regularly acts and advises in judicial review proceeding and other cases concerning the powers and duties of public authorities. Recent examples include:

  • Advising local authorities on the scope of their powers to charge for services
  • Acting in judicial review proceedings on the scope of legitimate expectation arising from tax rulings
  • Acting for a leading university in judicial review proceedings challenging the fairness of its disciplinary procedures
  • Undertaking a standards investigation into the conduct of the leader of a county council (with Jenni Richards QC)
  • Acting for the family of a child refused exceptional funding for medication for a rare inherited condition
  • Advising a group of families on a proposed judicial review of the Welsh Assembly Government’s plans for Welsh language primary schools in Cardiff
  • Advising public authorities on consultation requirements and PSED duties
  • Acting and advising in a range of claims under the Equality Act 2010
  • Acting and advising in prisons cases concerning categorisation, parole and conditions

Mental Health

Peter has particular expertise in mental health law, including cases where provisions of the Mental Health Act 1983 and the Mental Capacity Act 2005 overlap. Recent examples of his work in this area include:

  • The leading case on deprivation of liberty under a Community Treatment Order and the scope of the First Tier Tribunal’s power to address human rights breaches arising under a CTO (in the Court of Appeal, awaiting a decision on permission to appeal to the Supreme Court)
  • Upper Tribunal cases on deprivation of liberty under guardianship and on conditional discharge
  • Judicial review proceedings on the scope of section 117 aftercare duties
  • Displacement of nearest relative applications in the county court
  • More complex first instance tribunal hearings raising difficult points of law or evidence
  • Damages claims and inquests concerning mental health patients

Mental Capacity

Peter regularly appears in the Court of Protection, instructed by the Official Solicitor, families, NHS bodies and local authorities. He is particularly expert in matters concerning deprivation of liberty, having acted as junior counsel in the Supreme Court in Cheshire West.

He has experience of acting in the most serious cases concerning medical treatment and personal welfare, including:

  • Applications about end of life care
  • Obstetric care and forced contraception
  • 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
  • Applications under the inherent jurisdiction

He also undertakes property and affairs work, acting for individuals, public bodies and charities in cases concerning statutory wills, disputed gifts and the appointment or removal of deputies and attorneys.

Community Care

Peter acts and advises in a wide range of community care matters, including:

  • Judicial review claims in respect of the withdrawal and/or reduction of services
  • Ordinary residence disputes (including advising the Secretary of State on cases that are referred to him for determination)
  • Age assessment proceedings
  • Disputes concerning section 117 aftercare
  • 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

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 acted for the family of Cheryl James in the recent fresh inquest into her at Deepcut barracks in 1995 (led by Alison Foster QC). He was also 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.

Human Rights, EU 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 in 2009/10. Many of the cases in which he is instructed raise human rights issues, including the right to life under article 2, 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 acts and advises in cases with an EU law dimension, including a number of recent cases concerning agriculture and farm subsidies (as well as indirect tax cases).

He appeared on behalf of a domestic worker in one of the leading UK cases on diplomatic immunity in employment claims.

VAT

Peter also undertakes VAT work. His recent cases in this field have included an Upper Tribunal appeal about the payment on account scheme and its compatibility with EU law; the correct VAT treatment of meals on wheels as a supply of takeaway food; and a major MTIC fraud case.

Regulatory & Disciplinary


Peter is ranked by Chambers & Partners and the Legal 500 as a leading junior in regulatory law. The focus of his regulatory practice is in the High Court where he appears on behalf of individuals and their regulators in judicial reviews proceedings and appeals. He also undertakes advisory work; he has worked closely with a number of major regulators on matters concerning their policies, rules and procedures. His regular clients include the Professional Standards Authority and the General Medical Council. The following are examples of his recent work in this field:

  • Acting for the Professional Standards Authority in numerous section 29 appeals
  • Acting for other regulators and individuals in a broad range of appeals concerning doctors, nurses, social workers and other health and social care professionals
  • Advising a leading health care regulator on the lawfulness of its policies and procedure rules
  • Advising the Professional Standards Authority on aspects of its internal procedure
  • Acting in judicial review claims concerning a range of matters, including the lawfulness of an investigation, alleged bias and breaches of Article 8
  • Advising on matters of EU law in respect of the mutual recognition of professional qualifications
  • Acting in more complex first instance tribunal hearings

Costs & Litigation Funding


Costs work and related commercial claims account for about a quarter 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 Jackson reforms
  • The recoverability of success fees and insurance premiums
  • The status of solicitors’ bills (interim statute bills or requests for payments on account)
  • Alleged breach of CFA terms
  • Solicitors’ negligence
  • Judicial review of legal aid agency funding decisions
  • The compatibility of success fees with article 10 ECHR
  • Costs budgeting

Recommendations


Peter Mant is recommended by Chambers & Partners and the Legal 500 in the areas of Professional Discipline and Court of Protection: Health & Welfare.

Quotes:

“Peter is well regarded for his strong grasp of complex legal issues, attention to detail and straightforward approach.” Chambers & Partners 2017

“A go-to junior, he has excellent judgement and is a pleasure to work with.” Chambers & Partners 2017

“He’s got a great academic mind and he’s very good with clients – he’s definitely rising.” Chambers & Partners 2017

Extremely knowledgeable on healthcare regulation.” Legal 500 2017

“He is incredibly intelligent, yet very practical. His advice is very grounded in practicality. It’s very driven by what would be the best outcome for the client and how we would get there.” Chambers & Partners 2016

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

“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.” Chambers & Partners 2015

 

Related Cases


  • PJ v A Local Health Board [2017] EWCA Civ 194 – Leading case on deprivation of liberty under a CTO and the scope of the tribunal’s power to take into account human rights breaches when deciding whether to direct discharge
  • Professional Standards Authority v (1) NMC (2) Judge [2017] EWHC 817 (Admin) – Appeal against       decision not to strike off nurse who physical and emotional abused a vulnerable patient
  • Abbas v GMC [2017] EWHC 51 – Doctor’s appeal against erasure for multiple failings including deliberate breach of interim orders
  • R (Raschid) v LB Merton [2016] EWCA Civ 622 – Court of Appeal case concerning costs in judicial review proceedings that settled when claim becomes academic
  • Professional Standards Authority v (1) NMC (2) Dalton [2016] EWHC 1983 (Admin) – Important decision on charging dishonest denials distinguishing the Privy Council judgment in Misra
  • Manifold (t/a Easy Living Meals on Wheels) v Revenue and Customs Commissioners [2016] STI 2704 – VAT treatment of “meals on wheels”
  • Professional Standards Authority v (1) HCPC (2) Ajeneye [2016] EWHC 1237 (Amin) – Appeal against unduly lenient sanction for provision of false references
  • Marsden Caterers v HMRC [2016] UKUT 88 (TCC) – Appeal concerning application of the payment on account scheme and its compatibility with EU law
  • Ariyanayagam v GMC [2015] EWHC 3848 (Admin) – Appeal by leading consultant against erasure for regular dishonest absenteeism
  • Shaw v GOsC [2015] EWHC 2721 (Admin) – Important case concerning the meaning and scope of “unacceptable professional conduct”
  • Secretary of State for Justice v KC [2015] UKUT 376 (AAC) – Leading case on deprivation of liberty on conditional discharge of patients who lack capacity
  • P v Surrey County Council [2015] EWCOP 54 – Claim for breach of Article 5 where DOLS supervisory body failed to consider alternative options
  • KD v A Borough Council [2015] UKUT 251 (AAC) – Leading case on deprivation of liberty and guardianship
  • MASM v MMAM [2015] 3 WLR 190 – Leading case on contempt in Court of Protection proceedings
  • Desmond James & Doreen James v HM Coroner for Surrey [2014] EWHC 2585 (Admin) – Application for fresh inquest into the death of Cheryl James at Deepcut barracks (with Alison Foster QC)
  • R (Mire) v Royal Institution of Chartered Surveyors [2015] EWHC 1524 (Admin) – Challenge on Article 8 grounds to decision to commence disciplinary proceedings
  • Professional Standards Authority v (1) HCPC (2) Ghaffar [2014] EWHC 2708 (Admin) – Appeal against unduly lenient sanction for repeated dishonesty
  • Professional Standards Authority v (1) GDC (2) Endicott [2014] EWHC 2280 (Admin) – Appeal against irrational findings of fact by regulatory panel
  • Professional Standards Authority v (1) GChC (2) Briggs [2014] EWHC 2190 – “Under prosecution” as a ground of appeal under section 29
  • 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 (with Jenni Richards QC)
  • Professional Standards Authority v (1) NMC (2) Janice Harry [2013] EWHC 4369 (Admin) – Regulatory appeal concerning director of nursing at Mid Staffordshire NHS Trust (with Fenella Morris QC)
  • 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

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

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