Ian Wise

Ian Wise is the head of Doughty Street's public law team. He has been involved in a number of the most high profile cases in recent years including the Herceptin (breast cancer) and YL (care home) cases. Although trained in criminal law Ian now specialises in public and human rights law and regularly appears in the High Court and Court of Appeal. His practice covers a wide range of areas and he specialises in healthcare, local government, (including community care and education) and children's law.

Ian is a ranked as a leader in his field in public and administrative law, human rights law and education law and has appeared in numerous important cases in these areas. In addition Ian has in recent years worked closely with the Howard League for Penal Reform on a series of groundbreaking cases concerning the rights of young people in, and on release from, custody.
He has lectured widely on many aspects of public law and has a post graduate diploma in European Community Law.

Among his reported cases in recent years are:

Health Law:

YL-v-Birmingham City Council [2007] 3 WLR 112 (whether a privately owned care home performing functions of a public nature for the purposes of the Human Rights Act 1998)

R(Gunter)-v-S.W.Staffs PCT [2006] 9 CCLR 121, 86 BMLR 60 (power of PCT to use a voluntary organisation such as a User Independent Trust to provide health services)

Henshall-v-GMC and others [2006] Lloyd's Rep Med 103, [2006] 88 BMLR 146, (test to be applied by PPC when considering complaint against doctors, disclosure of doctor's case to complainants)

Rogers-v-Swindon NHS Primary Care Trust, CA [2006] 1 WLR 2649; [2006] Lloyd's Rep Med 364 [2006] 89 BMLR 211 (Herceptin)

Crime Related:

Nottingham City Council-v-Wolverhampton & Dudley Breweries [2004] QB 1274, [2004] 2 WLR 820, [2004] 1 All ER 1352, 168 JP 37 (liability of owner of premises for sale of adulterated alcohol)

R(Kenny)-v-Leeds Magistrates' Court [2004] 1 All ER 1333 (sufficiency of evidence to make anti-social behaviour order, best interests of the child a primary consideration)

R(CPS)-v-Redbridge Youth Court and BS [2005] 169 JP 393 (jurisdiction of youth court to try serious offences)

Local Authority Powers and Duties:

R(A)-v-Liverpool City Council [2007] 10 CCLR 716 (assessment of age of minor for eligibility for Children Act services)

R(O)-v-Hackney LBC [2007] ELR 405, (school admissions and special educational needs)

R(M)-v-Hammersmith and Fulham LBC [2006] 9 CCLR 418, CA (whether vulnerable children should be accommodated under the Children Act or the Housing Act, House of Lords decision pending)

R(Spink)-v-Wandsworth LBC [2005] 1 WLR 258, [2005] 1 WLR 2884, CA, [2005] 2 All ER 954, CA [2005] 1 FLR 448 (ability of local authority to take resources of third parties into account when deciding whether it is necessary to make provision for disabled children)

J-v-Caerphilly County Borough Council [2005] 2 FLR 860 (requirements of lawful care plan, duties towards uncooperative child)

R(Heffernan)-v-Sheffield City Council [2004] 7 CCLR 350 (unlawful policy for eligibility for social care)

R(P)-v-Newham LBC [2004] 7 CCLR 553 (unlawful practice of local authority in assessing care leavers)

R(G)-v-Westminster City Council [2004] 1 WLR 1113, [2004] 4 All ER 573, (duty of education authorities to provide education for children out of school)

R(Howard League for Penal Reform)-v-Secretary of State for the Home Department, [2003] 1 FLR 484. (application of Children Act to children in custody)

Prison Law:

R(S)-v-Sutton LBC [2007] 10 CCLR 615, CA (accommodation of young person on release from custody)

R(K)-v-Manchester CC [2007] 10 CCLR 87 (duty to assess needs and plan in advance for release from custody)

R(SP)-v-Secretary of State for the Home Department, CA [2005] 1 PLR 71 & 84 (whether juvenile inmate had the right to make representations prior to being placed in segregation)

CF-v-Secretary of State for the Home Department [2004] 2 FLR 517; [2005] 1 PLR 104 (unlawful procedure for separation of mother and child in prison, intensity of review)

R(BP)-v-Home Secretary [2004] 1 PLR 57 (unlawful failure to comply with regime for juvenile offenders, whether segregation of juvenile a breach of article 3 or 8 ECHR)

last updated January 2008

Year of Call

1992

Education

BA (Open), Dip.Law, Dip.E.C. Law

Email Address

i.wise@doughtystreet.co.uk

Specialist Teams

Ian Wise is a member of the following specialist law teams:

• Education
• Housing and Social Welfare
• Human Rights
• Mental Health
• Public and Administrative Law