Paul Bowen

Overview: Paul Bowen specialises in public law, human rights law and related private law actions across a range of subject areas, notably mental health, healthcare and community care, discrimination, inquests, data protection, education, criminal justice, social security, prison and police law. He has a particular interest in the rights of detainees and of disabled adults and children, including those with mental disabilities or incapacity. In the main he acts for individuals but he is also instructed by public authorities, companies, charities and other NGOs including the Equality and Human Rights Commission, Liberty, Mind (the National Association for Mental Health), JUSTICE and Inquest. He is also a Special Advocate and acts on behalf of terrorist suspects in control order proceedings and in the Special Immigration Appeal Commission (SIAC). For a full CV please contact Paul's clerks.

Paul's upcoming cases in 2010 give a flavour of his practice, including two lengthy inquests (one resulting from a police shooting, the other a drug-induced death in police custody); a joined Disability Discrimination Act/ HRA judicial review on behalf of a wheelchair using prisoner at HMP Belmarsh; a joined Fatal Accidents Act/ HRA High Court claim on behalf of the fiancée and child of a prisoner who died in custody, set down in Spring 2010 for the resolution of preliminary issues including whether the Crown as a 'public authority' under the HRA can be responsible for the acts of other public authorities and whether the family of the deceased can be 'victims' of an Article 2 violation; a strike-out application of a negligence claim arising out of allegations of breaches by a social worker of her community care duties; and a judicial review of a Chief Constable's refusal to place a witness in the witness protection programme.

Recent completed cases (2008-10) include:

House of Lords

• representing Debbie Purdy in her successful attempt in the House of Lords to force the DPP to publish his prosecution policy in cases of assisted suicide to comply with Article 8 (R (Purdy) v. DPP [2009] UKHL 45);

• acting as Special Advocate in control order appeals in the House of Lords establishing the minimum disclosure necessary for Article 6 purposes (AF & Others v SSHD [2009] UKHL 28);

• acting on behalf of the interveners in two cases in the House of Lords on the scope of the positive protective obligation under Article 2 owed by psychiatric hospitals (Savage v S Essex NHS Partnership Trust [2008] UKHL 74) and the police (Chief Constable of Hertfordshire v. Van Colle; Smith v Chief Constable of Sussex [2008] UKHL 50);

Court of Appeal

• two appeals to the Court of Appeal (succeeding in one of them) arising out of the removal of social security benefits for psychiatric patients transferred from prison (R (EM) v. DWP; R (RD and PM) v. DWP [2010] EWCA Civ 18);

• an appeal to the Court of Appeal establishing that an inquest jury's verdict for Article 2 purposes can include matters that may have caused or contributed to death (R (Lewis) v. HM Coroner [2009] EWCA Civ 1403);

• an appeal to the Court of Appeal for a number of patients challenging the lawfulness of the smoking ban in psychiatric hospitals as a breach of Article 8 and 14 (R (G) v. Notts. Mental Health NHS Trust [2009] EWCA Civ 795);

High Court

• a judicial review of the decision of the Youth Justice Board to refuse to contract with a number of secure children's homes for vulnerable children in the criminal justice and care system (R (LSS) v. Youth Justice Board [2009] EWHC 2347 (Admin) (currently on appeal to the Court of Appeal));

• a successful, ground-breaking judicial review and HRA challenge to the decision of the DPP to discontinue a prosecution, on the ground that it violated the mentally disordered victim's rights under Article 3 (R (B) v. DPP [2009] 1 Cr. App. R. 38);

• a judicial review of the Health Secretary's policy not to provide direct payments for healthcare services (R (Harrison & Garnham) v Health Secretary [2009] EWHC 574 (Admin));

• a successful judicial review challenge to Islington LBC's 'eligibility criteria' for disabled children's services (R (JL and LL) v. Islington LBC [2009] EWHC 458 (Admin));

• Secretary of State for the Home Department v BM [2009] EWHC 264 (Admin) (Control Order proceedings, as Special Advocate)

Paul has appeared on eight occasions in the House of Lords and appears regularly in the Court of Appeal (more usually acting alone or with a junior), the Privy Council and the High Court (Administrative Court, Queen's Bench, Family Division) or equivalent (Court of Protection, SIAC, Upper Tribunal). He has been involved in a number of cases in the European Court of Human Rights (ECHR), including the seminal case on the rights of incapacitated detainees, HL v United Kingdom (2004). In four of his cases declarations of incompatibility under s 4 Human Rights Act have been made, including the first declaration of incompatibility ever made. Paul also appears before the County Court, Coroners' Court, First-Tier Tribunal (Mental Health & Education) and Parole Board.

Awards:

2009 - Winner 'Advocate of the Year' at the Law Society Excellence Awards. The citation read: 'Paul is known for his clinical ruthlessness and attention to detail. Qualified as both a solicitor and a barrister, he is a tenacious advocate who fights doggedly on behalf of his clients, in particular to safeguard vulnerable people'.

2007 - Short-listed as 'Barrister of the Year' at the Legal Aid Lawyer of the Year awards, held by the Legal Aid Practitioners' Group.

What the directories say:

Since 2005 Paul has been consistently recommended in the directories as a leading junior in Human Rights and Civil Liberties and Administrative and Public law:

Chambers & Partners 2010, 'a "skilled advocate who turns things around very quickly." Hugely committed, he is "one of those who is definitely in the law for all the right reasons,"; and "reliable and great to work with," not least because he has achieved some fantastic results in the prisoners' rights arena. His broad practice also includes inquests, mental health, community care, data protection, education and special advocate instructions.'

Legal 500, 2009-10, ''knows mental health law backwards" and notes his "expertise in civil actions against the police"

Chambers & Partners 2009, 'finds a way of pushing the boundaries of the law' and 'is an ideal choice in difficult disputes because of his "clinical ruthlessness and attention to detail; you know he'll see the wood from the trees." "A gritty advocate who vigorously fights his client's corner," he is "great before the Bench."'

Legal 500, 2008-9, "excellent"

Chambers & Partners 2008, "Solicitors are full of admiration for Paul Bowen's "can-do spirit." One explained: "He is always on top of issues and looking for a new angle, trying to push the boundaries." and ""with every year that passes, Paul Bowen gets better and better." This "helpful and clear" junior wins plaudits for his attention to detail and hard work. "He has a real passion for protecting people's rights and takes a truly innovative approach to challenging the law."

Legal 500 2007-8: "Paul Bowen is described as 'thoughtful and academic', and a lawyer who 'pushes the boundaries'".

Publications: Paul is the author of the Blackstone's Guide to the Mental Health Act 2007, published in January 2008 (OUP).

Membership of associations: ALBA; Committee member of the Law Society Mental Health & Disability Committee, 2001-2008

Pro bono work: Paul often advises and acts pro bono for individuals and interested parties, often in cases of importance, substance or complexity. He has been advising Save the Children in relation to aspects of the Child Poverty Bill 2009. He is intervening on behalf of Mind in the upcoming ECHR case of Munjaz v United Kingdom. In 2008 he acted as one of a team of barristers, instructed jointly by Justice, Liberty, INQUEST and Mind intervening in the HL cases of Savage and Van Colle. In 2006 he acted on behalf of Mind in its intervention in the Court of Appeal and House of Lords in R (Munjaz) v Mersey Care NHS Trust. He has represented appellants pro bono in four Privy Council appeals.

Last updated 19 March 2010

Year of Call

1993

Education

LLB

Email Address

p.bowen@doughtystreet.co.uk

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Specialist Teams

Member :

• Actions Against the police
• Criminal Law
• Housing and Social Welfare
• Human Rights
• International Law Group
• Mental Health
• Prisoner's Rights
• Public and Administrative Law