Kate has a public law and human rights practice encompassing a wide range of areas. She acts in cases involving the rights of children and vulnerable adults including community care, mental health (both judicial review and Court of Protection), health services and housing. She also acts in a variety of other public law cases including local government and community issues such as consultation rights and local service provision, and discrimination and equality duties. She has been involved in some of the leading control order cases, and is instructed in other terrorism cases: SIAC and financial sanctions
What the directories say:
She is listed as a leading junior in Administrative and Public law, Civil Liberties and Social Housing in the Chambers and Partners, Legal 500 2010 and Legal Experts directories. She is described by the current Legal 500 as possessing a 'dedication to preserving the rights of vulnerable people, [...and] never afraid to explore interesting legal arguments'."
Observers in Chambers & Partners describe Kate as "an excellent advocate who takes a co-operative approach to cases.", and "extremely knowledgeable".
Recent cases include:
- B v SSHD [2011] EWCA Civ 828: SIAC; contempt of court; approach to be taken by Court of Appeal where it allows an appeal against sentence.
- RT v LT and A local authority [2010] EWHC 1910 (Admin): Mental Capacity Act: capacity as to residence and contact
- Secretary of State for the Home Department v AP (No 2) [2010] 1 WLR 1652 (Supreme Court): anonymity in control order proceedings.
- Secretary of State for the Home Department v AP [2010] 3 WLR 51 (Supreme Court): control order curfew; whether the overall effect of a 16 hour curfew and requirement to live 150 miles from home amounts to a deprivation of liberty; whether the personal circumstances of the individual or his family are relevant
- R (B and others) v Worcestershire County Council [2010] 3 CCLR 13: closure of adult day care centres; consultation; irrationality.
- AE, AF, AM, AN v Secretary of State for the Home Deparment [2009] 2 WLR 423: Use of closed material in control order proceedings.
- R (M) v Birmingham City Council [2009] 1 F.L.R. 1068: Residence order allowance: legality of local authority policy and of its application.
- The Times Newspapers v AY [2008] EWHC 2455 (admin); control orders; anonymity; article 8 and article 10 ECHR.
- Secretary of State for the Home Department v Abu Rideh [2008] EWHC 2019 and 1993 (Admin) : control order, closed material, modification, proportionality.
- R (Berry) v Cumbria County Council [2007] EWHC 3144 (Admin): Charging for day care centres; consultation
- Secretary of State for the Home Department v MB [2008[ 1 AC 440: Use of closed material in control order proceedings under the Prevention of Terrorism Act 2005; application of and compatibility with article 6(1) ECHR.
- Lambeth LBC v Ireneschild (2007) HLR 34; (2006) 9 CCLR 686 : community care assessment; application of the FACS guidance; relevant considerations; procedural fairness.
- Lewis v. Gibson and MH [2005] EWCA Civ 587; [2005] 2 FCR 241: the relevant date for establishing the court's jurisdiction to deal with an application under s.29(3)(c) Mental Health Act 1983 for displacement of the nearest relative; relationship between displacement proceedings and best interests proceedings; guidance on the proper procedural approach to section 29 applications and CCR Order 49 rule 12(3)(b) in order to secure compliance with Article 6.
- R (AN and J) v MHRT and others (11.4.05) [2005] EWHC 587 (Admin) - the standard of proof applicable in mental health review tribunals
- R (E) v. Bristol City Council [2005] EWHC 74 (Admin) - extent of duty to contact nearest relative under section 11 Mental Health Act where incompatible with patient's convention rights.
- NHS Trust v. Ms T (Fam Div, unreported, 1 September 2004): capacity of mentally ill adult to refuse medical treatment; best interests.
- NHS Trust v. Ms T [2005] 1 All ER 387 Lloyds Rep Med 433: interim declaration regarding medical treatment of non-consenting adult; appropriate test; nature of declaration.
- R (HP and KP ) v. LB Islington [2004] EWHC 07 (Admin): relationship between community care assessment and care programme approach.
- R (Beale and Carty) v. LB Camden [2004] BLGR 291 (Admin): Arms Length Management Organisation; consultation under section 105 Housing Act 1985; legality of ballot.
Kate Markus also chaired the Independent Inquiry into the Care and Treatment of Mariam Miles, the report of which was published by NHS London in December 2006.
She is also a part-time Employment Judge. She is co-author of the bi-annual review of developments in Public Law published in Legal Action, and is an editor of the Community Care Law Reports. She was a founding director of the Public Law Project and was Chair for many years.
Before joining Doughty Street Chambers she worked at Brent Community Law Centre and she was Chair of the Law Centres Federation for a number of years. She is a Vice-President of the Haldane Society.
She is also a member of the Housing Law Practitioners Association, the Environmental Law Foundation, the Administrative Law Bar Association, the Discrimination Law Association and
tthe Bar Human Rights committee.
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Year of Call
1981
Education
LLB (Hons)
Email Address
k.markus@doughtystreet.co.uk
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