People

Partners

Lucy Scott-Moncrieff, Anthony Harbour

Staff

Rose Howe, Darryl Julien-Howe, Toni Wood

The hub of the firm is our office in Kentish Town. The office is managed by Rosemarrie Howe, who is the first point of contact for anyone ringing in. The office will give initial advice as to whether the firm is likely to be able to take on a case, and will ensure that all new callers are allocated to a caseworker in the appropriate unit.
Clients can also leave messages with the office, to be passed on to the person dealing with their case. However, many caseworkers also have their own office numbers on which clients can contact them directly.

Fee Earners

Richard Barr
Kristen Bender
Rosamunde Benn
Nancy Biggs
Emily Bolton
Suzette Bridgemohan
Louise Brown
Alison Callcott
Mavis Campbell
Peter Carlin
Luke Clements
Anthony Cole
Peter Cornish
David Edwards
Catherine Ellis
Carol Faulkner
Hilary Freeman
Rikki Garg
Georga Godwin
Tracey Greaves
Celia Hughes
Roselyn Knight
Bill Jackson
Emma Johnson
Sarah Johnston
Helen Jones
Patricia Lawrence
Joanna Lovelock
 Glyn Maddocks
Morag McNiven
Chris Mould
Rachel Mould
Katharine Nicholas
David Parker
Meryll Paterson
Richard Payne
David Poole
Debbie Postgate
Beth Prince
Tim Reeves
Robert Robinson
Corinne Singer
Deborah Smith
Irene Solomon
Peter Storey
Rachel Burley-Stower
Anna Turnbull-Walker
Michael Turner
Lisa Vaughan
Colin Vivian
Charlie Woods
Mitchell Woolf

RICHARD BARR

Solicitor Consultant

I became a solicitor in 1971. I specialise in clinical negligence and major injury cases. I have been a lead solicitor in a succession of high profile cases – Opren, Gulf War, Organophosphate Sheep Dips and MMR vaccines.

I have for many years been on the clinical negligence panel of AvMA (currently subject to reaccreditation on change of firm). I am a Senior Litigator with the Association of Personal Injury Lawyers.

I have a special interest in head injury cases because my step-daughter Bryony suffered horrendous injuries as a result of a medical accident when she was aged five. I have therefore had personal experience in dealing with all the bureaucratic, educational and health problems relating to somebody with severe disabilities.

I am a frequent contributor of articles to legal periodicals and occasionally to national newspapers. I also broadcast regularly on legal matters on BBC Radio Norfolk. I am a keen photographer. I am on the Council of the Law Society for England and Wales I am half American but I have lived all my life in the Norfolk area.

I practise with Scomo from my office in North Norfolk.


KRISTEN BENDER

Solicitor Consultant

Kristen obtained her BA from Michigan State University followed by her Juris Doctorate from the American University in Washington, DC. She first qualified as a lawyer in the United States in 1991.

In the US, Kristen worked for a federal judge in Washington, DC; as a Prosecutor trying serious criminal cases through investigation, grand jury procedure and jury trial to verdict; and as a Professor specialising in criminal advocacy, criminal justice public policy and human rights issues. She has tried over 100 cases to jury verdict.

Kristen re-located to Europe in 2000 working on several large-scale legal reform and rule of law projects primarily in Eastern Europe. She is particularly interested in the alignment of post-Soviet legal systems with human rights and adversarial systems of legal procedure and in the human rights implications of criminal justice structures and procedures.

In 2002, Kristen qualified as a Solicitor and was appointed Head of Department for the Human Rights and Prison Law Department for a large Northwest England law firm. She joined Scott-Moncrieff, Harbour & Sinclair as a Solicitor Consultant in November 2005.

Kristen’s practice consists primarily of advising life sentenced, extended licence and indeterminate prisoners. She is a frequent advocate before the Parole Board of England and Wales and has also appeared before the Scottish Parole Board. She is particularly interested in cases with human rights and international dimensions. Kristen consults for several other UK criminal practices and internationally and is an appointed representative to the Law Society’s International Law Committee.


ROSAMUNDE BENN

Solicitor Consultant

Rosamunde joins Scomo from the largest firm of criminal lawyers in the country, with a wealth of experience of mainstream crime and prisoner rights law.

Having been admitted as a Solicitor in 2005, Ros swiftly rose through the ranks to Duty Solicitor and then to department supervisor of Prisoner Rights at a regional office. Ros has for the last 2 years, focused her practice solely on prisoner rights issues, including: representation at hearings before the Parole Board, determinate and indeterminate sentenced prisoners issues; Licences and recall to prison; security re-categorisation; extended sentence issues and lifer issues. Ros is also happy to accept instructions regarding Prison Service and Independent Adjudications.

At the heart of Ros's qualities, is a straightforward, yet sympathetic approach to the issues raised by clients. Ros believes that the key part of any advice, assistance, or representation, is built upon uncompromising standards of case preparation and management, prompt action and maintaining communication with clients at every stage, in addition to managing a realistic expectation.


NANCY BIGGS

Solicitor Consultant

Nancy Biggs has been a solicitor since 1985 and joined the firm as a consultant in January 2000.
She specialises in public law Children Act cases and regularly appears in the High Court and elsewhere as an advocate. She also undertakes mental health review tribunal work. Together with Anthony Harbour, she supervises the firm's Family Law Unit. She is a long-standing member of two Law Society specialist panels - the Children Panel and the Mental Health Review Tribunal Panel and, on behalf of the Law Society, is an assessor of new applicants to both these panels.


EMILY BOLTON

Solicitor Consultant

Emily Bolton attended law school in New Orleans while working as a defence investigator on death penalty cases in the United States. When she graduated, Emily was awarded an Equal Justice Fellowship and later a Soros Advocacy Fellowship to establish Innocence Project New Orleans (IPNO) (www.ip-no.org), a non-profit law office providing legal representation to the wrongfully convicted. IPNO has so far reversed the convictions of 12 innocent prisoners.
Emily currently works as a freelance associate with the UK legal action charity Reprieve (www.reprieve.org.uk). As a part-time Solicitor Consultant at SCOMO, Emily focuses on cases where a prisoner wishes to challenge his or her conviction via an application to the Criminal Cases Review Commission (CCRC) (www.ccrc.gov.uk). Emily takes a fact-centred approach to reviewing cases for possible referral to the CCRC, including extensive document analysis, witness interviews, the re-evaluation of forensic evidence and crime scene review.


SUZETTE BRIDGEMOHAN

Solicitor Consultant

I have been qualified as a Solicitor since 2005 and specialise in Mental Health Law. I am a Law Society's Mental Health Law Panel. I have recently extended my experience in dealing with some prison law matters.

My work is varied in that I represent clients detained under various sections of the MHA Act 1983 (as amended by the 2007 Act). I have particular interest in restricted clients which extends to transferred prisoners detained under the Mental Health Act ranging from maximum security to those discharged into the community. I have also acted on behalf of nearest relatives in County Court Displacement Proceedings.

I advocate on behalf of clients at First Tier Tribunal hearings and this has extended to Parole Board hearings. I am also experienced in Judicial Review matters at the High Court and with assisting and advising in respect of renewal or contested Hospital Managers hearings.

Prior to qualifying I trained within the family and matrimonial department.

I have recently joined the firm as a consultant and thoroughly enjoy my role as a human rights advocate. I look forward to extending my knowledge and experience in the future.


LOUISE BROWN

Solicitor Consultant

I completed my legal studies at the College of Law in Guildford and I qualified as a solicitor in 1993. I specialise in employment law.

I have a particular specialism in sex discrimination claims, and have achieved many successful outcomes for females dismissed and discriminated against due to pregnancy and maternity leave. I have also acted on behalf of employees in many disability discrimination cases and race discrimination cases.

I have taken many claims to the County Court, the High Court, the Employment Tribunal, the Employment Appeal Tribunal and the Court of Appeal.

I am committed to working with employees to ensure that they have the best possible access to legal help. My interests include reading, the cinema, the theatre, eating out (when I have time for any of these things which is rarely!) and spending time with my three young children.

Notable cases
  • I recently took a case to the Court of Appeal, this being the case of Keeley v Fosroc International Ltd [2006] All ER (D) 65 where I acted for the Claimant. The Court of Appeal reversed the decision of the High Court and gave judgment in favour of the Claimant. This was an important case dealing with the effect of company handbooks, and when their provisions are incorporated into the employee's contract of employment.
  • Other reported cases dealt with by me include Grimley v Turner and Jarvis [2004] All ER (D) 20 in the Employment Appeal Tribunal, on the law relating to disability discrimination (the Claimant suffered from cancer and lost his job as a result) and where I acted for the Claimant and the appeal was allowed in favour of the Claimant.
  • I also dealt with the case of Gilkes v Northamptonshire County Council [2006] All ER (D) 307 in the Employment Appeal Tribunal which considered the liability to pay employees compensation for unfair dismissal when the employee was employed by the governing body of a school. The appeal was allowed in favour of the Claimant in part who I acted for.

ALISON CALLCOTT

Solicitor Consultant

Alison Callcott is based in Bristol. She qualified as a solicitor in 1987 and has specialised in mental health and criminal law ever since. She is a member of the Law Society’s Mental Health Panel and has sat as a part-time Mental Health Review Tribunal President since 2002. She taught advocacy at the University of Northumbria for many years. She has clients in both local and secure hospitals. Her commitment to representing clients disadvantaged by mental illness can be seen in her professional and compassionate approach.


MAVIS CAMPBELL

Solicitor Consultant

Mavis Campbell was admitted to as a Solicitor in July 2000. She specialises in Mental Health and Human Rights Law and the focus of her work is primarily restricted cases. She is an experienced Advocate and a member of the Law Society’s Mental Health Law Panel.
Prior to joining Scomo, she practised in a diverse range of social welfare law disciplines, including Immigration, Community Care, Housing and Crime. Thereafter she worked for several years as a Supervising Solicitor specialising in representing a large number of restricted mentally disordered offenders detained in various maximum and medium secure hospitals, in cases ranging from Tribunals to Judicial Review.
She has extensive experience in working across the legal and psychiatric disciplines, possessing a Psychology A Level then going on to work for 3 years within the Forensic Psychiatry Department at St. George’s Hospital Medical School. She is now a Lecturer on the Post-Graduate Multi-Disciplinary Diploma in Forensic Mental Health run by that university.


PETER CARLIN

Solicitor Consultant

Peter was admitted as a solicitor in 1975. He has been representing patients and their nearest relatives in Mental Health Review Tribunals since 1982. He represents restricted and non restricted patients and practises mainly in the East Midlands area. He also has considerable experience of Judicial Review in the High Court and of representing nearest relatives in displacement proceedings in the County Court.

Peter was appointed a part-time legal member (tribunal judge) of the Tribunal in April 2004.


LUKE CLEMENTS

Solicitor Consultant

Luke Clements was admitted as a solicitor in 1981. He specialises in public law particularly community care and human rights, having taken many cases to the European Commission and Court of Human Rights.

Luke is a Professor at Cardiff Law School and Associate Fellow of the Department of Social Policy and Applied Social Studies at the University of Warwick. He is on the editorial committees of the European Human Rights Law Review (Sweet & Maxwell) and the Community Care Law Reports (Legal Action Group) as well as being a Board Member of the Mental Health Inititiative based in Budapest and on the legal Advisory Committee of the Mental Disability Advocacy Centre also based in Budapest.

Luke has drafted a number of Private Members Bills and 10 Minute Rule Bills including the Bills that became the Carers (Recognition and Services) Act 1995 and the Carers (Equal Opportunities) Act 2004.

Recent publications
Notable cases
  • Smith v UK (1991) 14455/88: European Commission of Human Rights: A case concerning the rights of UK Gypsies
  • R v Bexley LBC ex p B (1995) 3 CCLR 15: a case concerning the rights of disabled children to care services
  • SP, DP & T v UK (1996) [1996] EHRLR 526: European Commission of Human Rights: A case concerning the rights of young children in municipal care
  • MacGregor v UK (1997) 30548/96: European Commission of Human Rights: A case concerning sex and disability related discrimination
  • Buckley v UK (1997) 23 EHRR 101: European Court of Human Rights: The first Roma case to be herd by the Strasbourg Court
  • R v Powys County Council, ex p Hambidge (No.1) [1998] 1 FLR 643 Court of Appeal: a case concerning the legality of charging disabled people for home care services
  • R v Brighton & Hove Council, ex p Marmont [1998] Times, January 15: a case concerning the rights of Travelling people to stopping places
  • Scott v UK (2000) [2000] 1 FLR 958: European Court of Human Rights: A case concerning the rights of parents of children in municipal care
  • R v Powys County Council, ex p Hambidge (No.2) (2000) (2000) 54 BMLR 133 Court of Appeal: a case concerning the Disability Discrimination Act 1995 and the rights of disabled people to community care services

ANTHONY COLE

Solicitor Consultant

Anthony Cole heads the Personal Injury Unit. Anthony has specialised in personal injury litigation since qualifying as a solicitor 8 years ago. He is a member of the Association of Personal Injury Lawyers. Over the years he has recovered many thousands of pounds in compensation for accident victims, and has been involved in a number of high profile group actions. He was part of a team of lawyers representing children damaged by the MMR vaccine, and also Gulf War veterans and for patients wrongly given LSD in the 1960s.


PETER CORNISH

Non-Solicitor Consultant

Peter is part of our Personal Injury Unit and has worked as a Personal Injury Lawyer for 25 years, he works from a home base in Greater London.
Peter joined the firm in July 2005 to deal with all types of P.I. work including Asbestos disease, workplace accidents and RTA claims.
He has a vast experience of Union based work and has acted for members belonging to NUM, AMICUS, MSF, UCATT and UNISON during his time in the law.
Peter has settled in excess of 3000 claims covering all aspects of P.I. Law, these have included Mesothelioma cases, Paraplegic injuries, Industrial Asthma claims and Infant settlements.
Peter now specialises in Conditional Fee work commonly known as “No Win No Fee”, and is happy to provide an initial assessment by telephone to establish whether or not anyone making an enquiry has a potential claim.


DAVID EDWARDS

Assistant Solicitor

Solicitor with 1+ PQE. Has extensive experience of Parole Board applications, Article 5/8 compensation claims for unlawful detention and advocacy before the Parole Board. Some experience of Mental Health and Immigration work.


CATHERINE ELLIS

Legal Assistant

I joined the firm in June 2008 and currently work as Kristen Bender's Legal Assistant in the Prison Law department. I have now built up my own caseload and I am always looking for a new challenge.

I graduated from The University of Leicester with an LLB (Hons) degree in 2007 and am due to complete my Legal Practice Course in 2009. I initially experienced what is was like to work within a Prison Law environment in 2004 when I worked part time in a large North West firm during my studying. Since then I have gone on to develop a very keen interest for the field.

I am particularly interested in cases with a human rights dimension and hope to broaden my experience to cases involving young offenders.


CAROL FAULKNER

Legal Assistant

I joined the firm in early 2008 following a long career advising on legal and technical aspects of indirect tax. I qualified in VLT (VAT Legal and Technical) in 2003 and became an AIIT (Associate of the Institute of Indirect Taxation) in 2006. However there is only a certain amount of tax a person can take and I decided to take a complete departure from this field and try a new challenge. I am currently working under the supervision of Tracy Greaves, who is a very experienced Prison Law Advisor and I aspire to be as knowledgable as she is very soon. I am enjoying my work and my clients seem to be pleased with it .... so far so good. I'll update when I have completed my training.


HILARY FREEMAN

Solicitor Consultant

Hilary Freeman is head of the Family Law unit. She has specialised in care proceedings and adoption for 30 years and is a member of the law Society Children Panel.She represents children, parents and other relatives in proceedings brought by the Local Authority in all levels of Court in many areas of the country and undertakes the majority of her own advocacy.

Hilary is also a fully accredited family mediator by the legal services commission and a member of the Law Society Mediation Panel. She deals with both financial and children cases.


RIKKI GARG

Non-Solicitor Consultant

Rikki Garg is a specialist prison and mental health law consultant with the firm. He has been appointed to the Law Society's Mental Health Review Tribunal Panel. Rikki is the joint department supervisor of the Prison Law Department, having met the Prison Law Supervisor requirements of the Legal Services Commission.

Rikki has developed a specialist niche practice in Prison and Mental Health Law. Rikki has been in practice from 1992, initially as a criminal lawyer and an accredited representative before focussing on the rights of detained people. He has represented clients throughout the country before the Parole Board Panel and the Mental Health Review Tribunal. He is a founding member of the Prisoners' Advice Group and currently is a committee member of the Prisoners Advice Service. He is a former committee member of the Mental Health Lawyers Association.

Rikki has lectured in prison law for the London Criminal Courts Solicitors' Association and Crimeline solicitors and in mental health law for the Mental Health Lawyers' Association.

Rikki has been involved in a number of Public cases for Prison and Mental Health Clients including:

  • SSHD v MHRT & BR[2005] EWCA Civ 1616
  • SSHD v MHRT & BR[2005] EWHC 2468 (Admin)
  • R(Wyles) v Parole Board[2006] EWHC 493 (Admin)
  • R (Mills) v (1)Home Secretary (2) Parole Board [2005] EWHC 2508 (admin)

He is also representing the prisoners challenging the lawfulness of the "Slopping Out" regime HMP Albany.

Rikki has written articles on Prison Law for the Inside Times (see our publications).


GEORGA GODWIN

Solicitor Consultant

Georga Godwin is based in Oxford as a specialist mental health consultant.

After gaining a First Class degree in Ancient History, Georga worked in publishing as editor on the Classics list at Oxford University Press. She was called to the Bar in July 2005 and admitted as a Solicitor in 2008. She is a member of the Law Society's Mental Health Law Panel.

Prior to joining Scomo, Georga worked in the fields of debt, housing, public law, and family law, as well as mental health and capacity law. She also has experience in judicial review proceedings arising out of mental health matters.

She is an experienced human rights advocate representing both civil and forensic mentally disordered clients in family courts and before Mental Health Review Tribunal. Georga's approach is one of balanced and considered legal advice, positive communication with clients, and meticulous case preparation.

As a result of an interest in intellectual property law, Georga is a contributor to Engelman's Intellectual Property Update 2004-2005 (Tottel Publishing, 2005).


TRACY GREAVES

Legal Assistant (Non-Solicitor)

I joined the firm just over 12 months ago after previously working for a Criminal Practice in Manchester in their Prison Law Department for approximately 4 years. I have previously undertaken a large amount of voluntary work for POPS (Partners of black prisoners support group) based in Manchester and have also assisted Action for Prisoners' Families in compiling a booklet advising of general legal matters.


ANTHONY HARBOUR

Partner

Anthony Harbour is a solicitor. He specialises in Children's Law and with Nancy Biggs, manages the firm's Family Law Unit, which deals with Public Law Children Act cases. He is a member of the Law Society's Children's Panel. Anthony also lectures in health and social service law. He is regularly commissioned by a wide number of statutory authorities to provide training to health and social service professionals, in particular child psychiatrists and ASWs. Anthony also sits as a MHRT President and is a full member of the Family Health Service Appeal authority. He advises statutory and voluntary organisations about specific areas of health and social service law.


CELIA HUGHES

Solicitor Consultant

Celia has 16 years experience as a criminal specialist, having worked in leading practices in London until her move to Bristol in 2002. She has run high profile cases, heading defence teams of solicitors and counsel and has specialised in complex financial cases and organised crime. Her work on these cases often involves dealing with voluminous quantities of paperwork over several years. She has strong links with the leading criminal Chambers in London and the South West and has also gained her Higher Rights of Audience in the criminal courts. She has taken cases to the Court of Appeal and now works for Scott-Moncrieff Harbour & Sinclair in the niche area of appeals and cases referred to the Criminal Cases Review Commission (CCRC).


Roselyn Knight

Solicitor Consultant

Roselyn is a dual-qualified lawyer specialising in employment law. Roselyn has experience in contentious and non-contentious employment matters. She acts for employers and employees and advises on all aspects of employment law.

The matters she advises on include:

  • Redundancy
  • Unfair dismissal
  • Discrimination in the workplace
  • Compromise agreements
  • Employment contracts
  • Drafting and reviewing of staff handbooks

Roselyn has organised and presented a number of seminars and training events for HR practitioners and employers. For three years Roselyn was a Gender Equality Expert reporting to the EU Commission.

Roselyn is a Board Member of the European Women Lawyers Association and a member of the Employment Lawyers Association. She has dealt with clients of different nationalities and is fluent in Italian and Maltese and also has a good knowledge of French.

In her free time Roselyn enjoys travelling, following fashion and keeping herself updated with EU developments.


BILL JACKSON

Non-Solicitor Consultant

Bill Jackson has been working with mentally disordered patients since qualifying as a social worker in 1987. He worked in the Maudsley Hospital, and then in Broadmoor High Secure Hospital until 2000. While working for the NHS he qualified as a member of the Mental Health Review Tribunal panel, was responsible for the Mentally Disordered Offenders module of a postgraduate MSc course for the Institute of Criminal Justice Studies, and ran a training organisation for social supervisors. In 2000, he moved to full-time legal representation. He has a special interest in residential resources for newly discharged forensic patients.


EMMA JOHNSON

Non-Solicitor Consultant

My background training and qualifications are in psychology/psychotherapy. I joined the firm in 1995 as Lucy Scott-Moncrieff's Assistant. I have continued to assist Lucy and also have my own case load dealing mainly with the representation of Broadmoor patients and particular involvement with the preparation of MHRT cases. My additional interests are in referrals to personal injury specialists following abuse in children's homes and in the preparation of CCRC Appeals.


SARAH JOHNSTON

Solicitor Consultant

Sarah Johnston LLB, LLM (Lond.) qualified as a barrister and solicitor in New Zealand in 1989. She worked in family and criminal law before leaving New Zealand. From 1994 until 1996 she worked in Thailand for a human rights organisation before coming to the UK in 1997. She has worked in mental health since that time, representing clients detained in hospital at MHRT and also in Judicial Review proceedings. She was one of the solicitors instructed in the delay cases KBE and Ors. v. Mental Health Review Tribunal 2003.


HELEN JONES

Solicitor Consultant

Helen Jones is a member of the Public Law Unit. She has a background in prison law and her current interest is in public law relating to care in the community and the resettlement of vulnerable serving prisoners seeking release, e.g. the elderly, the physically- and the mentally-disabled. She also undertakes other public law cases in the fields of prison law, mental health or care in the community and works conjunction with Mitchell Woolf, the unit supervisor, on cases concerning the rights of vulnerable children. She is at present the chair of the Prisoners' Advice Service, a not-for-profit organisation providing advice and legal help to serving prisoners.


PATRICIA LAWRENCE

Non-Solicitor Consultant

Patricia was called to the Bar in 2000 at Lincoln's Inn following a Masters Degree (with distinction) in Law. A first career in the Health Service has provided a wide range of experience in both the public and private sectors. She joined Scott-Moncrieff, Harbour & Sinclair Solicitors in 2003 and has been a member of the Law Society's Mental Health Review Tribunal Panel since 2002. She has experience of representing people both in secure hospitals and the community in the south of England. She was instructed in the case of R(on the application of G) v Mental Health Review Tribunal 2004 on the issue of deprivation of liberty.


JOANNA LOVELOCK

Non-Solicitor Consultant

Joanna joined the firm in July 2007 and currently works within our Prison Law Team. Joanna worked for a firm of solicitors for 18 years starting off as an Office Junior progressing up to a consultant.


Glyn Maddocks

Solicitor Consultant

Glyn Maddocks is a specialist criminal appeal/miscarriage of justice lawyer who is based in South Wales but who acts for clients throughout the UK.

Over the last 15 years he has developed considerable expertise in dealing with complex Appeal cases and has represented a number of clients who have had their convictions in some cases for the most serious of crimes referred to the Appeal Court by the Criminal Cases Review Commission (CCRC) and before that by the Home Office.

In 2005 he represented Paul Blackburn whose conviction for attempted murder was quashed by the Court after he had spent nearly 25 years from the age of 15 protesting his innocence.

His other notable cases have been R v Kamara (2001) R v Frost ( 2003 ) R v Stock (1995) and (2004). At present he is representing a client in the first case where the CCRC has decided to refer a case back to The Court of Appeal for the second time. He is also acting for a father found guilty of murder having apparently of shaken his 10-day old baby to death. This appeal came about following a review of a number of historic 'shaking baby' convictions by the Attorney General which identified some shortcomings in the way in which expert evidence had been provided in the Crown Court.

For his work on miscarriage of justice cases many of which he has dealt with on a pro bono basis Glyn Maddocks was named Welsh Lawyer of the Year in 2005. In addition to his CCRC and miscarriage of justice work, Glyn Maddocks deals with:

  • Claims for compensation following a conviction being quashed
  • Claims against the police for malicious prosecution and false imprisonment
  • Claims involving deaths in custody or fatal accidents including representing families at Inquests following such events
  • Claims against the police for malicious prosecution and false imprisonment

MORAG McNIVEN

Legal Assistant

Morag has been working as Bill Jackson's assistant in the Mental Health Unit since 2006 while building up her own case load.

She retrained, taking an Open University LLB, after a career in journalism and the trade union sector. She now represents clients on civil and criminal sections and has particular interest in women in the mental health services.

Most of her clients are in Broadmoor or the Women's Unit in St Andrews, Northampton. Morag also works occasionally for the 999 Club, a south London charity working with the mentally vulnerable, addicted and homeless.


CHRIS MOULD

Legal Assistant (Non-Solicitor)

RACHEL MOULD

Legal Assistant (Non-Solicitor)

Chris joined the firm 2˝ years ago, and Rachel 18 months ago. Both practise purely in Prison Law, dealing with lifers and determinate sentence prisoners alike.
Chris and Rachel specialise in Mandatory/Discretionary Lifer Panels, (Oral Hearings) in addition to Independent Adjudications, Paper reviews and tariff setting representations.
Being based centrally allows us to visit clients all over the country.


KATHARINE NICHOLAS

Solicitor Consultant

Kate Nicholas (Katharine Nicholas) was admitted as a solicitor in 1987, after studying history at St Hugh's College, Oxford and completing a Ph.D thesis on twentieth century social history. An experienced litigation lawyer, she has developed a special interest in mental health and public law in recent years.

Kate is a member of the Law Society's Mental Health Law panel, and represents detained patients in a wide range of types of civil and forensic cases, as well as advising on aftercare entitlement. She aims to develop an understanding of each client’s perspective and objectives, and to provide considered legal advice.

Kate is the co-author of two legal books, both published by Sweet and Maxwell: Occupational Illness (1995) and Education Law (1997) and author of A social history of Unemployment on Teesside 1919-1939 (Manchester University Press 1986).

She is a Trustee of Oxfordshire Mind, and a committee member of the Mental Health Lawyers' Association.


DAVID PARKER

Legal Executive

David Parker joined Scott-Moncrieff, Harbour & Sinclair in February 2008. David qualified as a Legal Executive in 2002 and was admitted as a Fellow of the Institute in 2004.

Following David's graduation from DeMontfort Law School with a Professional Graduate Diploma in Law in 2007, he attends a part-time Legal Practice Course and will complete the transition to solicitor in 2009. He has been accredited to advise those in police custody since 1998.

David was previously deputy supervisor of the largest provider of publicly funded work of a prison law nature in the Midlands. He is an experienced advocate before the Parole Board and prepares many cases for Judicial Review.

David is a member of the Prisoner's Legal Rights Group. Notable cases have included some that have attracted intense media attention and contested non-disclosure issues.


MERYLL PATERSON

Solicitor Consultant

I qualified in April 2001 and have since 1999 worked predominantly for those who have mental health problems. Prior to joining the firm in April 2003 I represented those with mental health problems in family and housing matters. I am a member of the Law Society's Mental Health Review Tribunal Panel and represent clients detained in hospital at Tribunals and Judicial Review Proceedings. I represent patients who are detained under both criminal and civil sections detained in hospitals in the South.


Richard Payne

Solicitor Consultant

Richard is based in Cardiff, holds a Law degree and M (Phil) from Southampton University, and qualified as a solicitor in 1992. He has been a member of the Law Society’s MHRT Panel since 1994 and ran his own predominantly legal aid firm for 12 years until 2007. He has previous experience in a number of areas of law, including as a criminal lawyer and duty solicitor, in immigration and asylum, and in civil actions against the police. Richard now specialises in mental health, housing and community care law and remains committed to representing legally aided clients.

Richard was a founder member of the housing duty rota scheme in the Cardiff County Court and has extensive experience of advising and representing housing associations as well as tenants, particularly in anti-social behaviour cases. A Higher Rights advocate in the Civil courts, Richard was appointed as a part time legal member of the Residential Property Tribunal for Wales in 2008.


DAVID POOLE

Solicitor Consultant

David Poole is a solicitor who qualified in 1995 and heads the firm’s Military Claims Unit. He acts not only for service personnel and their dependants in clinical negligence, personal injury, employment and public law claims against the Ministry of Defence or other opponents, but also for civilians in these areas of law. He represents clients based in the UK and overseas.

David is a Member of The Royal British Legion Solicitors Group and a Fellow of The Royal Society of Medicine. He is always willing to speak to enquirers on a no-obligation basis free of charge.


DEBBORAH POSTGATE

Solicitor Consultant

Deborah Postgate has been qualified as a solicitor since 1981 and has been working in the field of mental health law for at least 15 years. She has extensive experience of advocacy both in Tribunals and in the criminal courts. She is the co-author of a guide for lawyers representing mentally ill defendants in the Magistrates courts, which is required reading for Court Duty Solicitors. She has sat as a part-time Mental Health Review Tribunal President since 2000 and has experience of training lawyers and other professionals. In her work she tries to balance a friendly relationship with her clients with the efficiency and professionalism. She has clients in a wide range of hospitals, from local acute units to Broadmoor.


BETH PRINCE

Solicitor Consultant

Beth Prince joined Anthony Harbour and Nancy Biggs as a supervisor in the Family Unit in 2004. She has been a solicitor since 1981 and a member of the Law Society Children Panel since 1989.

Beth Prince represents children and parents in care and adoption cases. She is an experienced advocate in the High Court and other family courts. She is on the committee of the Association of Lawyers for Children.


TIM REEVES

Solicitor Consultant

I have spent 34 years as a Solicitor Advocate including representing clients in the Magistrates Court, Family Proceedings Court and County Court (Care Proceedings): and patients at Mental Health Review Tribunals and Manager's Meetings. I have worked both as an employee and also had my own practise in Plymouth.

In recent years I have worked and lived in Exeter dealing, initially, with some childcare, and throughout, with Restricted and Unrestricted Mental Health Review Tribunals over a wide area and Criminal Defence largely in Exeter. I now live near Plymouth but still carry out Mental health work in the south-west region.

I feel that this long and wide experience has enabled me to combine working with competence, integrity, humour and compassion for a varied, and often troubled, client base.

I have been working as a Mental Health Review Tribunal Consultant from Exeter with this Firm since June 2004.

Law Society Panel Memberships:

  • Mental Health Review Tribunal Panel
  • Duty Solicitor Panel

Robert Robinson

Solicitor Consultant

For the past 15 years I have worked as a solicitor for Scott-Moncrieff, Harbour & Sinclair, specialising in mental health law. I have represented detained patients in mental health review tribunals and have also acted in mental incapacity cases, notably Bournewood where I represented the claimant, and in a number of claims for judicial review. For several years, until 2004, I was a member of the Mental Health Act Commission and I have since 1999 been a part-time legal member of the Mental Health Review Tribunal. I have also chaired four independent inquiries into homicides by psychiatric patients.

I regularly provide training on mental health law to lawyers, social workers and psychiatrists, and I write a regular mental health law update for Legal Action magazine.

Notable cases
  • In a landmark ruling given on 5th October 2004 the European Court of Human Rights held that the admission under common law of an autistic man, referred to as H.L., to a Surrey hospital managed by Bournewood NHS Trust was in breach of his rights under Article 5 of the European Convention on Human Rights. The case, in which Robert Robinson represented H.L., has implications for other people who lack mental capacity to consent to medical treatment. Following the ruling, if psychiatric hospital admission deprives such a person of their liberty they are entitled to the same legal safeguards as people formally detained ("sectioned") under the Mental Health Act.

Read the judgment itself at the European Court of Human Rights Portal

Find more documents concerning the Bournewood case on the Publications page.

Press coverage:


LUCY SCOTT-MONCRIEFF

Partner

Lucy Scott-Moncrieff has been a legal aid solicitor since she qualified in 1978. She initially practised as a Criminal Defence lawyer, but since 1987 she has specialised in mental health law, and more recently in human rights law.

For many years she has been identified as a leader in the field of Mental Health Law in Chambers Directory, and she is identified as a leading human rights lawyer in the Legal 500 Directory. Lucy earns accolades for her appreciation of the bigger picture. Particularly noted for her work on behalf of Broadmoor patients, she has been involved in cases that have significantly expanded the rights of restricted patients. She is particularly chuffed to have been the solicitor in the first case that resulted in a declaration of incompatibility under the Human Rights Act 1998, which led to the first remedial order under the HRA (which replaced the requirement that detained patients prove that they were entitled to be discharged with a requirement that hospitals prove that the patient still needs to be detained). She provides mental health law advice to other solicitors. Commentators report there are "no weaknesses" in her knowledge of mental health issues. She was awarded the accolade of Mental Health Legal Aid Lawyer of the Year in the 2005 LALY awards.

Lucy sits as a legal president of the Mental Health Review Tribunal. She is currently chairing a statutory homicide review which is due to report this year.

She is one of the Council Members for the West London Constituency of the Law Society, to which she was elected in 2002. She has been a member of the Law Society's Mental Health and Disability Committee for over 20 years, and has also chaired the Committee. She is currently the Chair of the Law Society's Access to Justice Committee, which advises the Law Society on all matters to do with Legal Aid, and is also a member of the Society’s Regulatory Affairs Board and the Education and Training Committee. She is a Law Society nominee on a number of LSC committees where she works to ensure that the interests of individual firms, and the legal aid profession as a whole, are given proper consideration.

Lucy has been involved in legal education for many years, training solicitors and others who wish to join the Law Society's Mental Health Review Tribunal Panel (of which she is a member) and she is also a member of the Advisory Boards of the College of Law at Store Street and the Pro-Bono Clinic of the College.

Since April 2005 she has been one of two solicitors members of the QC Appointments Panel.

She is a member of the editorial boards of the Community Care Law Reports and the Journal of Mental Health Law. She writes on her areas of interest and has been interviewed for radio and television as well as for newspaper and magazine articles.

Previously she has been a Mental Health Act Commissioner, an honorary lecturer in Law at the University of Kent at Canterbury and an elected member of the management committee of the Legal Action Group.

Lucy is the managing partner of Scott-Moncrieff Harbour & Sinclair.

Recent publications

See Publications page

Notable cases
  • B v Croydon Health Authority [1995] Fam.133 (consent to treatment)
  • B v Mental Health Review Tribunal [2002] EWHC 1553 (entitlement to discharge)
  • Re C [1994] 2 S.C.R.1 151 (refusal of medical treatment)
  • JT v United Kingdom (26494/95) [2000] 1F.L.R. 909 ( right to a private life)
  • R v Anglia & Oxfordshire Mental Health Review Tribunal Ex parte Hagan [2000] Lloyd's Rep. Ned. 119 (classification of detained patient)
  • R v Broadmoor Special Hospital Authority and the Secretary of State for the Department of Health Ex parte S, H & D [1998] C.O.D 199 (random body searches of patients)
  • R v Ealing District Health Authority Ex parte Fox [1993] 1W.L.R. 373 ( right to aftercare)
  • R v Hallstrom Ex parte W [No. 2], R v Gardner Ex Parte L [1986] Q.B. 1090 (limitations on the right to detain)
  • R v London South & South West Regional Mental Health Review Tribunal Ex parte Moyle [2000] Lloyd's Rep. 143 (discharge criteria)
  • R v Managers of Warlingham Park Hospital Ex parte B [1992] 22 B.M.L.R. 1 (renewal of detention)
  • R v Mental Health Review Tribunal Ex parte Secretary of State for the Home Department, The Times March 25th 1987 (adjournment for a non statutory purpose)
  • R v Secretary of State for the Home Department Ex parte H (No. 1) [1995] Q.B 43 (rights of prisoners transferred to hospital)
  • R v Secretary of State for the Home Department Ex parte Pilditch [1994] C.O.D 352 (Home Office's technical lifer policy)
  • R v Secretary of State for the Home Department Ex parte Stroud [1993] C.O.D 75 (Home Office technical lifer policy)
  • R v Secretary of State for the Home Department Ex parte Williams unreported June 1st 1994 (Home Office technical lifer policy)
  • R (on the application of B) v East London & The City Mental Health NHS Trust [2001] EWCA civ 239 (detention of patient recently discharged by the Mental Health Review Tribunal)
  • R (on the application of F) v Oxfordshire Mental Health Care NHS Trust [2001] EWHC Admin 535 (funding of a patient transferred from a special hospital)
  • R (on the application of H) v Mental Health Review Tribunal for North and East London Region [2002] EWHC Admin. 1522 (the criteria for discharge from detention under the Mental Health Act)
  • R (on the application of K) v Mental Health Review Tribunal [2002] EWHC 639 (compensation for delay in listing a tribunal hearing)
  • R (on the application of RA) v Secretary of State for the Home Department [2002] EWHC 1618 (compensation for unreasonable delay in making arrangements for discharge)
  • R (on the application of the Secretary of State for the Home Department) v Mental Health Review Tribunal [2002] EWHC Admin. 1128 (circumstances in which a restricted patient may be conditionally discharged)
  • R (on the application of Wilkinson) v Broadmoor Hospital [2001] EWCA civ. 1545 (circumstances in which compulsory treatment can be given to a detained patient)
  • South-West London and St Georges Mental Health NHS Trust v W [2002] EWHC Admin. 1770 (definition of treatability)
  • Benjamin & Wilson v United Kingdom app. No. 28212/85, EUR.Conn.H.R (breach of the European Convention right to liberty)

CORINNE SINGER

Solicitor Consultant

A solicitor practising in both mental health law and family and children law for nearly 10 years, Corinne is a member of the Law Society Mental Health panel. She started sitting as a part-time President of Mental Health Review Tribunals in March 2003. She represents both restricted and non-restricted clients and has extensive experience of both as well as experience of successfully pursuing Judicial Review and Habeas Corpus cases for her clients. She works in the London and Greater London area.


DEBORAH SMITH

Non-Solicitor Consultant

Deborah E.M. Smith has been a consultant to the firm since January 2003. She has formerly worked in legal aid practice, as a legal adviser to "Release" and for the National Union of Teachers as Principal Officer in their legal and professional services department.
She has a law degree with honours from the University of Warwick and has studied for a M.Phil at the University of East Anglia. Her thesis was converted to a doctorate which she is currently completing.
She has a particular interest in training and has devised and implemented programmes on equal opportunities and the law for the N.U.T. and, outside that organisation, for a number of Local Authorities and for universities including Exeter and, Goldsmiths College, London. She has successfully taken cases on behalf of those affected by sex and race discrimination and those seeking equal pay and has advised generally on fair and equal appointment and promotion procedures.
For some years she wrote the "Lex Legis" column for the magazine "Business Education Today" and she has contributed to the Croner Manual "The Teacher and the Law".
Her experience on the management committees of various voluntary organisations has developed her understanding of disadvantaged groups. Currently, she specialises in the representation of those disadvantaged through mental illness, mental incapacity and mental disorder. She has developed a particular interest in patients also affected by autism (notably Asperger's Syndrome) and in those detained in high-security hospitals.
Deborah's commitment to the firm is founded on his leadership and professionalism and the outstanding teamwork that follows and characterises its particular way of functioning.


IRČNE SOLOMON

Trainee Solicitor

Irčne graduated with a first class LLB (Hons) from Birkbeck College (The University of London) in 2006. She completed the Legal Practice Course (Public Legal Services Route) at the College of Law the following year with commendation. She joined the firm as a trainee solicitor in September 2007.

Irčne’s interests lie in human rights and particularly in the interplay between detention and the power of the State. She has pursued her interests by volunteering with Liberty and Mind, gaining experience in a range of areas such as mental health, housing and welfare benefits.

Irčne is currently enjoying her first seat in the prison law department, which provides a high level of client contact and case load. She is hoping to represent clients at Parole Board hearings soon. She is looking forward to her next seats in Public Law and Mental Health later on this year.


PETER STOREY

Non-Solicitor Consultant

Peter Storey is based in Brighton and Essex. He has a law degree with honours from the Open University and is a member of the Law Society's Mental Health Review Tribunal panel. He is also a registered mental health nurse (RMN) and has had experience of working on acute wards in an inner city setting.

Until the late 1990s Peter worked in a commercial role within the horticultural industry, as well as undertaking voluntary work with MIND.


RACHEL BURLEY-STOWER

Solicitor Consultant

Ms Rachel Burley-Stower has been practising Community Care/Public Law for 12 years. She originally joined Fisher Meredith as a Basic Welfare Benefits Adviser, however quickly recognised public law points in welfare benefits cases and ran with them. Her judicial review work against the London Borough of Lambeth contributed to the eventual removal of Capita Business Services from Lambeth's Housing and Council Tax Benefit Processing Department.

Rachel Burley-Stower also worked for Lord Savill and the Tribunal on The Bloody Sunday Inquiry. As part of the legal team she oversaw most of the evidence prior to it being served and sent it to the Tribunal.

She now has a particular interest in Community Care matters relating to children in care, children leaving care, young offenders leaving institutions and adult prisoners returning to the community. In her view, these groups of people are owed a number of duties by Social Services which are continuously overlooked. She is proactively reaching out to organisations who are already assisting these groups of people and building relationships with them in order to run cases on behalf of these people.


ANNA TURNBULL-WALKER

Solicitor Consultant

Anna joined this firm in October 2006, she currently works within our Mental Health Team, dealing with clients who have been detained under the Mental Health Act in secure and non-secure hospitals on a day-to-day basis.


MICHAEL TURNER

Solicitor Consultant

For over 20 years my specialism has been acting for Claimants in complex catastrophic injury cases, particularly brain injury and in respect of which I have privileged to have travelled the world, appearing in many different jurisdictions. Primarily my Legal Practice has centred on Personal Injury, Clinical and Professional Negligence cases.

A Solicitor for over 25 years, and a part time Judge since 1992, I also train expert witnesses nationally and in 2008 I qualified, with the Academy of Experts as a Mediator.

Until recently I was Chairman of a Kent-based Head Injury Charity, I am a life member of Headway, and I hold memberships of the Kent and Surrey Acquired Brain Injury Networks as well as the Acquired Brain Injury Forum in London. Outside of work my interests are my family, mountain biking, travel, local history and the countryside.

My office is based in Sevenoaks, Kent. However, distance from a client is no bar and I will always be happy to travel to meet with clients to discuss their cases.


LISA VAUGHAN

Solicitor Consultant

Lisa Vaughan, is a qualified Solicitor who joined the firm in January 2004 after moving South from the Northwest.
Lisa specialises predominantly in Mental Health Law and is a member of the Mental Health Review Tribunal Panel. She undertakes mainly Tribunal Work for clients who are detained under civil or restricted sections in a variety of units from open acute wards to high secure settings and works with clients in both Ashworth and Broadmoor Hospital.

Lisa also has experience in public law, particularly community care and retains a small number of cases. Prior to her specialising in Mental Health Law Lisa was a successful family solicitor, undertaking cases on a legally aided and private basis.
After taking her degree course as a mature student, Lisa qualified as a solicitor in 1997. Prior to this she worked in Europe for many years for a non-profit making charitable organisation, before returning to England to work for the National Health Service negotiating appropriate placements and services for people with mental and physical difficulties who were leaving long stay hospitals to return to live in the community.


COLIN VIVIAN

Non Solicitor Consultant

Colin Vivian has over 25 years experience in Personal Injury Litigation. Most of that experience has been gained whilst working for Solicitors acting for Trade Union members who have been injured during the course of their employment. He has worked with most of the major Trade Unions and his experience of different types of accident is wide ranging from simple lifting cases and slips and trips to detailed investigation of Deafness claims and claims related to exposure to asbestos and other injurious substances. He has also had considerable experience in Road Traffic Accidents and cases involving Local Authorities in matters where clients have been injured on the Public Highway.


CHARLIE WOODS

Solicitor Consultant

Charlie is a qualified solicitor, specialising in mental health law and is a member of the Law Society’s Mental Health panel. He has experience in representing patients detained under the Mental Heath Act as well as patients detained under the Mental Health Act following criminal proceedings. He also practises in the area of Public Law, undertaking judicial review proceedings in the High Court. Additionally he has worked as a housing solicitor, representing tenants only. Before entering law, Charlie was a senior social worker in several inner London boroughs working with children and families. Charlie believes in a very client-focused approach and his clients appreciate his approachable manner.


MITCHELL WOOLF

Solicitor Consultant

Mitchell Woolf is a solicitor specialising in human rights law and, in particular, the rights of the child. He brings public law challenges against decisions, actions or inaction of state bodies such as local authorities, health trusts and government departments. In addition to his work at the firm, Mitchell lectures at Queen Mary, University of London and has various publications relating to human rights and child rights. He is a research associate at the Programme on the International Rights of the Child and is on the Howard League Youth Justice Working Group.

Authored Titles:

Chapters include:
  • Chapter on ‘Taking a Case to Strasbourg’ in K. Starmer, European Human Rights Law, (LAG, 1999), as well as researcher for the book.
  • Contributor to J. Simor & B. Emerson, Human Rights Practice (Sweet and Maxwell, 2000)
  • Chapter on ‘The Right to Silence’ with K. Starmer in C. Walker & K. Starmer (eds.) Miscarriages of Justice, (Blackstone Press, 1999).
  • Chapter on Civil and Political Rights in Democratic Audit publication (D. Beetham et.al (eds) Democracy Under Blair (2002, Politico’s)
Other publications include:


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