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Posts/Positions Held
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Member Law Soc Mental Health Panel
Part time Tribunal Judge
Consultant: Scott - Moncrieff, Harbour and Sinclair
Vice Chair of Derbyshire Mind
Member of LSC Funding Review and Costs Committees
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Career History
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Year of qualification: 1975
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1975 - 1978: Assistant Solicitor with J Robert Pinder & Son, Derby
1978 – 1987: Partner in JRP &S
1987 – 1997: Partner in O’Shea & Carlin, Derby
1997 – 2008: Partner in Irvings, Derby
2008 – Consultant in Irvings, Derby
2008 – present date: Consultant with Scott - Moncrieff, Harbour and Sinclair
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Types of Cases that I have Conducted
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Representing all categories of patients who can apply to, or be referred to, a First-tier Tribunal except those under guardianship (I have advised such patients)
- JR proceedings to challenge the lawfulness of admission under s.3
- Representing nearest relatives in MHRTs
- Representing the local authority in a MHRT
- Representing nearest relatives in displacement proceedings
- Representing the local authority in displacement proceedings
- Representing patients in JR of treatment decisions
- Suing LAs to recover unlawful charges for s.117 after care: following Stennett
- Suing the RA for damages for delay of discharge arising from inefficiency before the MHRT
- Suing the RA for damages for delay in effecting transfer to hospital from a police station
- Raising the defence of insanity in the magistrates’ court
- Appeal against a life sentence on grounds that the psychiatric evidence before the sentencing Court was flawed and it should be replaced by a hospital order
- Sentencing generally in cases where psychiatric reports have been obtained.
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Articles Written
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- Independent Advocacy. A Brief Look at its past and present. Is its Future under Threat? Journal of Mental Health Law February 2002
- Detained Patients and ECT. Mind Legal Network Newsletter March 2002
- Capacity to Litigate after Wilkinson and Masterman-Lister: is the Harbin v Masterman order still appropriate? Mind Legal Network Newsletter January 2003
- Seeking Restitution for Wrongfully Charged Patients. Coughlan, Stennett and the Ombudsmen. Trusts and Estates Law and Tax Journal 2004
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