Fenella Morris KC

“Fenella is brilliant with clients whom she listens to and counsels in an easy and accessible manner. Her advocacy reflects her strategic and persuasive nature; she has excellent strategic savvy.” Chambers and Partners 2025

“She is extremely articulate, and the power of her written advocacy matches her persuasiveness in court.” Legal 500 2025

Fenella is known for her advocacy in high-profile administrative and public law cases. She has particular expertise in cases concerning health care, including reconfiguration, access to experimental treatments, procurement and Care Quality Commission (CQC) challenges. She is also well-regarded for her involvement in novel public law challenges in the area of finance and pensions. Much of her work concerns complex, inter-connected or overlapping legislative schemes.

Cases of Note

• R (BMA) v His Majesty’s Treasury and Department of Health and Social Care [2024] EWCA Civ 355 – BMA challenge to decision to pass costs of McCloud remedy to members of doctors’ NHS pension schemes
• Braceurself v NHS England [2024] EWCA Civ 39 – NHS breaches of procurement rules not “sufficiently serious” to require damages
• R (Bhat) v NHSLA [2024] EWHC 375 (Admin) – GP partnership dispute
• R (Shawbrook Bank Ltd and others) v Financial Ombudsman Service [2023] EWHC 1069 (Admin) – FOS decision on banks’ involvement in lending to purchasers of timeshare upheld
• R (Advinia Health Care Ltd) v CQC [2022] EWHC 965 (Admin) – CQC’s market oversight guidance unlawful
• R (Khurana) v North Central London CCG [2022] EWHC 384 (Admin) – Transfer of contract to US provider lawful
• Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363, upheld by the Supreme Court [2022] – Tavistock’s practice of referral for specialist treatment held to be lawful
• R (Trinity College (CSP) Ltd) v Secretary of State for Housing, Communities and Local Government [2021] EWHC 1355 (Admin) – Cambridge College’s innovation grant application refused
• R (Dawson) v United Lincolnshire Hospitals NHS Trust [2021] EWHC 928 (Admin) – Covid-related health service reorganisation insufficiently consulted upon
• Basma v Manchester University Hospitals NHS Foundation Trust [2021] EWCA Civ 278 – Decision on use of experimental treatment for child set aside
• R (BMA) v Secretary of State for Health and Social Care [2020] EWHC 64 (Admin) – A1P1 HRA challenge to changes in doctors’ pensions scheme
• R (Barking and Dagenham College) v Office for Students [2019] EWHC 2667 (Admin) – Higher education institution’s challenge to regulator’s algorithm-based decision
• JT v First Tier Tribunal [2018] EWCA Civ 1735 – HRA challenge to criminal injuries compensation scheme leading to change in legislation
• R (Grace Bay II Holdings Sarl and others) v Pensions Regulator [2017] EWHC 7 (Admin) – Challenge to Pensions Regulator’s procedures

“She is excellent on her feet, very smart, and very good at collaborating with clients to manage their expectations.” Chambers and Partners 2025

"An outstanding silk." Legal 500 2024 

Fenella’s regulation and discipline practice traverses the whole field of regulation and discipline: health and social care professionals, law, accountancy and financial services professionals, educational professionals, veterinary professionals, and health, education and financial institutions. She appears in many of the leading cases, represents individuals and regulators in the most difficult disciplinary and regulatory hearings and often advises on contentious policy and individual issues.

Fenella was awarded ‘Professional Discipline Silk of the Year’ at the Chambers UK Bar Awards 2021.

Cases of Note

• GMC and PSA v Gilbert [2025] EWHC 802 (Admin) – Sanction increased on surgeon guilty of racist and sexually-motivated abuse of colleagues
• PSA and GMC v Garrard [2025] EWHC 318 (Admin) – Cross-admissibility of evidence in professional misconduct cases
• GMC and PSA v Dugboyele [2024] EWHC 2651 (Admin) – Sanction increased on doctor guilty of sexual harassment of colleagues
• PSA v GPhC and Ali [2024] EWHC 577 – Sufficiency of sanction for anti-semitic statements
• R (Shawbrook Bank Ltd and others) v Financial Ombudsman Service [2023] EWHC 1069 (Admin) – FOS decision on banks’ involvement in lending to purchasers of timeshare upheld
• Professional Standards Authority for Health and Social Care v GMC and Dr Lingam [2023] EWHC 967 (Admin) – successful appeal against decision of GMC concerning doctor’s improper prescribing
• Malik v Government of HMP Hindley (No. 2) [2022] EWHC 2684 (Admin) – struck off barrister not entitled to act as representative at hearing
• Professional Standards Authority v General Optical Council and Rose [2021] EWHC 2888 (Admin) – Appeal against decision of committee not to erase an optometrist who failed properly to examine a child
• GMC and Professional Standards Authority v Bramhall [2021] EWHC 2109 (Admin) – Appeal against decision of a tribunal not to erase a surgeon who marked his patients’ livers
• R (Barking and Dagenham College) v Office for Students [2019] EWHC 2667 (Admin) – Higher education institution’s challenge to regulator’s algorithm-based decision.
• Bawa-Garba v GMC and others [2018] EWCA Civ 1879 – Leading case on approach to health care professionals found guilty of gross negligence manslaughter
• Wingate and another v Solictors Regulation Authority [2018] EWCA Civ 366 – Leading case on lack of integrity and dishonesty in professionals
• R (Grace Bay II Holdings Sarl and others) v Pensions Regulator [2017] EWHC 7 (Admin) – Challenge to Pensions Regulator’s procedures
• R (May) v Chartered Institute of Management Accountants (CIMA) [2013] EWHC 1574 (Admin) – Accountant’s challenge to disciplinary decision of CIMA Appeal Committee
• Macleod v Royal College of Veterinary Surgeons [2006] UKPC 39 – Interpretation of the Medicines Act 1968 and the Veterinary Surgeons Act 1966

“… a go-to for public law matters focused in healthcare and mental health." Chambers and Partners 2024

Fenella is well known for her expertise in cases concerning every aspect of healthcare: reconfiguration; novel, experimental and high-cost treatments; ethical issues at the beginning and end of life; procurement and NHS contracting; professional and institutional regulation; NHS pensions; and, declarations e.g. in cases of contested statutory interpretation.

She was counsel to the Independent Medicines and Medical Devices Review and instructed in the Covid Inquiry on behalf of the RCN.

Cases of Note

• Abbasi and another v Newcastle upon Tyne Hospitals NHS Foundation Trust [2025] UKSC 15 – Leading case on reporting restrictions concerning hospitals and clinicians
• R (BMA) v His Majesty’s Treasury and Department of Health and Social Care [2024] EWCA Civ 355 – BMA challenge to decision to pass costs of McCloud remedy to members of doctors’ NHS pension schemes
• Braceurself v NHS England [2024] EWCA Civ 39 – NHS breaches of procurement rules not “sufficiently serious” to require damages
• R (Bhat) v NHSLA [2024] EWHC 375 (Admin) – GP partnership dispute
• BR and others (Three Families: Fabricated or Induced Illness: Anonymisation, Disclosure of Judgment, and Permission to Appeal by Witness) [2023] EWFC 329 – anonymity of clinicians following end of child protection proceedings
• Derbyshire Health Care NHS Trust & S of S for Health and Social Care & others [2023] EWHC 3182 (Admin) – High Court clarifies law concerning requirements of orders under the MHA
• R (Advinia Health Care Ltd) v CQC [2022] EWHC 965 (Admin) – CQC’s market oversight guidance unlawful
• R (Khurana) v North Central London CCG [2022] EWHC 384 (Admin) – Transfer of contract to US provider lawful
• Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363, upheld by the Supreme Court [2022] – Tavistock’s practice of referral for specialist treatment held to be lawful
• R (Dawson) v United Lincolnshire Hospitals NHS Trust [2021] EWHC 928 (Admin) – Covid-related health service reorganisation insufficiently consulted upon
• Basma v Manchester University Hospitals NHS Foundation Trust [2021] EWCA Civ 278 – Decision on use of experimental treatment for child set aside
• Devon Partnership NHS Trust v Secretary of State for Health and Social Care [2021] EWHC 101 (Admin) – Part 8 claim concerning interpretation of Mental Health Act 1983 during Covid-19 pandemic
• SSP Health Ltd v NHSLA (Primary Care Appeals Service) [2020] EWCA Civ 1574 – Payment of interest on GP contracting claim
• R (Shepherd) v NHS Calderdale CCG and NHSEI [2018] EWCA Civ 2849 – Challenge to introduction of integrated care systems
• R (Forge Care Homes) v Cardiff and Vale University Health Board [2017] UKSC 56 – Leading case on division of responsibility between health and social services for the costs of care
• R (Tracey) v Cambridge University Hospitals NHS Foundation Trust [2014] EWCA Civ 822 – Resuscitation Council guidance on 'do not attempt resuscitation’ decisions held compliant with Article 8 of the Human Rights Act
• R (Munjaz) v Ashworth Hospital Authority, Mental Health Act Commission, MIND and the Secretary of State for Health [2005] UKHL 58 – Seclusion policies, the Mental Health Act 1983 Code of Guidance and Article 8

"Fenella is a star and a public law all-rounder. She has excellent insight and is extremely good with clients." Chambers and Partners 2024

"Fenella is a go-to KC for complex public law issues. She can think through a thorny issue and provide advice with great clarity." Legal 500 2024 

Fenella represents and advises higher and further education bodies, local authorities, schools, students and their families, examination and funding bodies and the Office for Students. Her recent work involves a judicial review challenge to a university’s decision to exclude a student and the OIA's decision to uphold it, advising Oxbridge colleges on the interpretation and application of their statutes, advising a Russell Group university on the resolution of academic misconduct issues relating to its staff, challenges to decisions to award degrees, challenges to refusals in admissions processes and claims of negligence and breach of contract in universities. She has also acted for universities in relation to their commercial activities and joint ventures.

She often advises on overlapping issues of professional education and regulation, such as the approval of higher education institutions as providers of professional education, or disciplinary matters arising during professional studies. She has particular expertise in cases concerning the interrelationship between health, social services and education, and the safe-guarding and treatment of sick and disabled children and deprivation of liberty in educational settings.

Cases of Note

• R (Barking and Dagenham College) v Office for Students [2019] EWHC 2667 (Admin) – Higher education institution’s challenge to regulator’s algorithm-based decision
• R (Trinity College (CSP) Ltd) v Secretary of State for Housing, Communities and Local Government [2021] EWHC 1355 (Admin) – Cambridge college’s innovation grant application refused
• 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

“Fenella is wonderfully clear and persuasive when on her feet.” Chambers and Partners 2025

"Excellent intellectual rigour." Legal 500 2024 

Fenella advises and represents local authorities in a huge range of matters concerning education, social services, mental health and the court of protection, as well as those concerning procurement, state aid, local government finance and contracting, and vires. She is known for advising on everything from innovative local government projects to controversial freedom of speech and Equality Act 2010 issues and has extensive experience in the resolution of disputes between health and social care bodies.

Cases of Note

• Devon Partnership NHS Trust and Devon County Council v Secretary of State for Health and Social Care [2021] EWHC 101(Admin) – Part 8 claim concerning interpretation of Mental Health Act 1983 during Covid-19 pandemic
• LB Tower Hamlets v PB [2020] EWCOP 34 – Capacity of alcoholic to make decisions about residence and care
• R (L) v Buckinghamshire County Council [2019] EWHC 1817 – Challenge to changes in provision of children’s centres
• R (Sky Blue Sports and Leisure Ltd) v Coventry City Council [2018] EWCA Civ 2252 – State aid challenge to making of loan to Coventry City Football Club
• R (Forge Care Homes) v Cardiff and Vale University Health Board [2017] UKSC 56 – Leading case on division of responsibility between health and social services for the costs of care
• R (C, T, M and U) v LB Southwark [2016] EWCA Civ 707 – Extent of community care obligations of local authority to those not lawfully present

"Fenella has an impressive legal brain and knows how to perfectly pitch it to the court." Chambers and Partners 2025

“Fenella is fantastic at managing difficult representatives and sticking to the client’s position.” Legal 500 2025

Fenella has practised in this area since cases were decided under the inherent jurisdiction of the Family Division and before the inception of the Court of Protection. Building on this wealth of experience, she continues to appear in cutting-edge cases concerning deprivation of liberty, end of life, serious medical treatment, sex and marriage. Her skills are increasingly in demand in the property and affairs sphere of the Court of Protection particularly in cases concerning capacity to make financial decisions, and the powers of deputies. She is a contributor to the latest BMA and Law Society handbook – Assessment of Mental Capacity.

Cases of Note

• Johnston v Financial Ombudsman Service [2025] EWCA Civ 551 – capacity to litigate and interpretation of CPR 21.3
• Abbasi and another v Newcastle upon Tyne Hospitals NHS Foundation Trust [2025] UKSC 15 – Leading case on reporting restrictions concerning hospitals and clinicians
• An NHS Foundation Trust v KW [2023] EWHC 134 (Fam) – Successful application for the withdrawal of treatment from a patient
• A County Council v A, B, C and others [2022] EWHC 3572 (Fam) – Deprivation of liberty of adolescent in circumstances of absence of suitable placement
• AB v CD [2021] EWHC 741 (Fam) – Treatment of trans teenager in light of first instance decision in Bell v Tavistock
• Hinduja v Hinduja [2020] EWHC 1533 (Ch) – Extensive family dispute concerning financial, residence and care matters
• LB Tower Hamlets v PB [2020] EWCOP 34 – Capacity of alcoholic to make decisions about residence and care
• CD v LB Croydon [2019] EWHC 2943 (Fam) – Ambit of court’s powers under Mental Capacity Act 2005 and inherent jurisdiction
• Re: DMM (Alzheimer’s; marriage; power of attorney) [2017] EWCOP 33 – Capacity to marry, and significance of financial consequences of marriage
• Devon County Council v Teresa Kirk [2016] EWCA Civ 1221 – Successful appeal against imprisonment for contempt of Court of Protection
• P v Cheshire West and P and Q v Surrey County Council [2014] UKSC 19 – Leading case on deprivation of liberty under Article 5 HRA
• Re F (Adult Patient) sub nom In re F (Adult: court’s jurisdiction) [2000] 3 WLR 1740 (CA) – Extent of inherent jurisdiction

Consultation is a perennial issue for public bodies, and Fenella has extensive experience of advising on the process as well as acting in challenges to the decisions made in the light of it.

Cases of Note

• R (Khurana) v NCLCCG [2022] EWHC 384 (Admin) – Transfer of contract to US provider lawful
• R (Dawson) v United Lincolnshire Hospitals NHS Trust [2021] EWHC 928 (Admin) – Covid-related health service reorganisation insufficiently consulted upon
• R (Glatter) v NHS Herts Valleys CCG [2021] EWHC 12 – Consultation in context of NHS reconfiguration
• R (L) v Buckinghamshire County Council [2019] EWHC 1817 – Challenge to changes in provision of children’s centres
• R (A) v South Kent Coastal CCG [2020] EWHC 372 – Consultation in context of NHS reconfiguration
• R (Hinsull) v NHS Dorset CCG [2019] EWCA Civ 1412 – Consultation in context of NHS reconfiguration
• Keep the Horton General v Oxfordshire CCG [2019] EWCA Civ 646 – Consultation in context of NHS reconfiguration

Fenella’s versatility and breadth of experience is reflected by the ambit of her human rights practice. She has brought two ground-breaking cases under A1P1, for victims of domestic abuse seeking criminal injuries compensation and for doctors seeking fair treatment in relation to their pensions. She is as at home working on A1P1, Article 6 and Article 14  of the European Convention on Human Rights issues in a commercial context, such as for Natural England, and the Pensions Regulator, as she is working on Article 2, Article 3, Article 5 and Article 8  issues in the health and social care context e.g. acting for Liberty in damages claims arising from Panorama investigations into abuse in care homes. She continues to act in cases in the European Court as well as featuring in a range of human rights cases in the domestic courts up to the Supreme Court. Her most recent work has focussed on freedom of thought, speech and assembly under Articles 9, 10 and 11. 

Cases of Note

• Abbasi and another v Newcastle upon Tyne Hospitals NHS Foundation Trust [2025] UKSC 15 – Leading case on reporting restrictions concerning hospitals and clinicians
• R (BMA) v Secretary of State for Health and Social Care [2020] EWHC 64 (Admin) – A1P1 challenge to changes in doctors’ pensions scheme
• JT v First Tier Tribunal [2018] EWCA Civ 1735 – Successful HRA challenge to criminal injuries compensation scheme leading to change in legislation under A1P1 and Article 14
• P v Cheshire West and P and Q v Surrey County Council [2014] UKSC 19 – Leading case on deprivation of liberty under Article 5
• Munjaz v UK (ECtHR) 2012 – Whether seclusion in a psychiatric hospital was in breach of Articles 3, 8 and 14
• R (Garbet) v Circle 33 Housing Trust and Eastbourne Homes Limited [2009] EWHC 3153 (Admin) – Housing trust a public authority under the HRA
• Kolanis v UK ECtHR App. No. 517/02 – Damages for breach of Article 5 after detention under Mental Health Act 1983
• R (Pretty) v UK (ECtHR) [2002] 35 EHRR 1 – Leading case on assisted suicide and interpretation of Articles 3 and 8

“Fenella is consistently and exceptionally easy to work with. Her advice is always tailored to an appropriate level and clients always have complete confidence in her views and skills. She is excellent on her feet and extremely skilled in adapting and finessing her arguments according to the tone set by the judge she is in front of.” Legal 500 2025

Fenella’s procurement practice covers health care and pharmaceuticals, local government, energy and education, and sits alongside her extensive practice in public law and discipline and regulation. Fenella has particular expertise in NHS procurement: she represented NHS England in the test cases concerning the new ICP contracts, and has acted for NHS bodies and private providers in combined procurement and judicial review proceedings for large scale contracts for health services, drugs and medical devices, and in post-contract disputes requiring resolution by expert determination. She has acted in domestic state aid litigation, including that concerning the Ricoh Arena in Coventry and changes in the auctioning of electricity supply rights. Fenella is often asked to advise on public sector regeneration projects, addressing such issues as the public body’s vires. She is a mediator and arbitrator, and is appointed to resolve procurement disputes, particularly in the NHS.

Cases of Note

• Braceurself v NHS England [2024] EWCA Civ 39 – NHS breaches of procurement rules not “sufficiently serious” to require damages
• R (Khurana) v North Central London CCG [2022] EWHC 384 (Admin) – Transfer of contract to US provider lawful
• R (Shepherd) v NHS Calderdale CCG and NHSEI [2018] EWCA Civ 2849 – Challenge to introduction of ICS
• R (Hutchinson) v Secretary of State for Health and Social Care [2018] EWHC 1698 (Admin) – Challenge to introduction of ICS
• R (Sky Blue Sports and Leisure Ltd) v Coventry City Council [2018] EWCA Civ 2252 – State aid challenge to making of loan to Coventry City Football Club

Fenella’s sport work has developed from her discipline and regulation practice. She is a member of the Sport Resolutions’ Panel of Arbitrators and Mediators, and carried out the investigation into UKAD’s handling of Operation Blackout. She acted in the long-running litigation arising out of Coventry City Council’s handing of funding of the Ricoh arena, latterly on behalf of Wasps rugby club. 

Cases of Note

• UKAD, Operation Blackout investigation
• R (Sky Blue Sports and Leisure Ltd) v Coventry City Council [2018] EWCA Civ 2252 – State aid challenge to making of loan to Coventry City Football Club

Fenella is a CEDR-accredited mediator and on the Sports Resolutions’ Panel of Arbitrators and Mediators. She has arbitrated and mediated diverse disputes from those concerning procurement and NHS contracting, to HRA damages claims.