Mark Mullins
| Call date: 1988 | |||
| Email: Mark Mullins | Clerk: Stephen Somerville | ||
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Practice summary
Mark's practice covers mental capacity and mental health law, healthcare and social services law, judicial review, professional discipline and regulation, inquests, inquiries and employment and discrimination law.
His expertise in the Court of Protection and in mental health law is widely recognised. He is regularly instructed in the Court of Protection by the Official Solicitor, by local authorities and by family members, often in the most difficult welfare and deprivation of liberty cases heard in the High Court. He advises on and appears in cases involving the full range of mental health issues. Mark deals with medical and healthcare cases, including urgent treatment decisions and discrimination claims, for NHS Trusts, CAFCASS and the Official Solicitor.
He is also a recognised specialist in social services and community care law. He works for claimants, adult social services and children's services authorities. In the Administrative Court and judicial review he advises on the statutory duties and powers of NHS Trusts, local authorities and other public bodies and brings, responds to and appears in judicial review challenges. In his health and social care regulatory work he has experience of advising and representing national regulators, individuals and providers before the First Tier and the Upper Tribunal in cancellation and other proceedings.
In professional discipline he represents doctors, other health professionals, social workers and teachers in internal disciplinary proceedings before the GMC and a range of other regulatory bodies He has experience of interim procedures, full hearings and statutory appeals. He is able to bring his knowledge of employment law to his professional disciplinary work and to advise on related employment and contractual issues.
Mark is also instructed in difficult and high profile inquests and inquiries which may involve mental health issues, alleged clinical negligence or police misconduct, or death in custody. He has appeared in many Article 2 ECHR inquests.
In employment and discrimination law he represents both claimants and respondents in the Employment Tribunal and on appeal at all levels.
Mark also has an interest in sports law, in particular disciplinary proceedings and safeguarding issues. He is Secretary of the British Baseball Federation, and a director of BaseballSoftball UK, the national development agency for the sports of baseball and softball in the UK.
Mark is a First Tier Tribunal judge of the Mental Health Tribunal and has a postgraduate Diploma in Forensic Mental Health from St. George's Hospital Medical School, University of London. He has carried out training in human rights and monitoring visits to social care and mental health institutions in Bulgaria, Kosovo, Hungary and Romania.
- United States of America v. Christine Nolan [2010] EWCA Civ 1223
- Acting for Mrs Nolan in EAT, CA & ECJ
- Scope of collective redundancy consultation, interpretation of Directive 98/59 EC. Public international law principle of iure imperii as aid to construction.
- Preliminary reference made to ECJ November 2010.
- LBL v. VJ and others Court of Protection (Macur J.) September 2010 forthcoming
- Acting for mother. Extent of Court’s residual inherent jurisdiction over vulnerable young adult with capacity.
- Secretary of State for Education v. JN [2010] UT 248 AAC
- Acted for JN, instructed by NUT in Upper Tribunal
- Approach to be taken to barring of teacher under s.142 Education Act 2002.
- The Zahid Mubarek Inquiry 2004
- Acted for Feltham Independent Monitoring Board in Article 2 public inquiry into racist murder of Asian teenager in Young Offender Institution.
- R. (KB) & ors v. (1) MHRT (2) SS for Health [2002] EWHC 639 (Admin) [2003] EWHC 193 (Admin.)
- Acted for 7 claimants in judicial review test case
- Finding of breach of Art. 5.4 ECHR in systemic delays in Mental Health Tribunal system. First award of damages against government department under HRA 1998.
