Joanne Clement. Specialisms. Public

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1 Joanne Clement Joanne is a senior junior, specialising in public and procurement law. She is recommended by the legal directories as a leading junior in six practice areas (Administrative & Public, Civil Liberties & Human Rights, Local Government, Education, Community Care and Court of Protection). She is a member of the Attorney General s A Panel of Counsel, and the Welsh Government s A Panel of Junior Counsel. Joanne has been shortlisted Human Rights and Public Law Junior of the Year in the Chambers Bar Awards Specialisms Public Professional Summary Called 2002 Contact Details Joanne.Clement@11kbw.com +44 (0) Clerk Christopher Smith Clerk Tom Street Contact Clerks Joanne is a public law specialist. She is ranked by the directories as a leading junior in public and administrative law. She practices in all areas of judicial review and public law, including human rights cases and commercial judicial review, acting for both claimants and defendants. She regularly appears in the Administrative Court and Upper Tribunal, as well as in the Court of Appeal and Supreme Court. Joanne has experience of judicial review claims in a wide range of contexts, including a challenge to the much criticised reforms to criminal legal aid services, the abolition of full time nursery education in Wales, the allocation of 10billion of EU structural funds, challenge to the removal of a Chief Constable from office, challenge to the funding of adult social care by central Government, the use of body scanners at UK airports, the allocation of resources within the NHS, and cuts and closures in local government. Joanne has particular expertise in devolution issues (having appeared before the Supreme Court in two devolution references) and in local government law (being ranked as a leading junior in local government law by the directories) R (Ferreira) v HM Senior Coroner for Inner South London and others deprivation of liberty in intensive care units R (Crompton) v Police and Crime Commissioner for South Yorkshire whether decision by Commissioner to require Chief Constable to resign breached his rights under Article 8 by injuring his reputation R (Liverpool CC and others) v Secretary of State for Health claim that Government s failure to fully fund costs of the deprivation of liberty safeguards created an unacceptable risk of illegality R (Proteus and Samarkand) v HMRC challenge to HMRC decision to disallow tax relief for film sale and leaseback scheme where HMRC considered there may have been tax avoidance R (Dyer) v Welsh Ministers and Abertawe Bro Morgannwg University Health Board nature of obligations on NHS bodies to assess need for particular mental health services R (LCCSA and CLSA) v Lord Chancellor acting for claimants in challenge to Lord Chancellor s proposals to reform criminal legal aid

2 R (Rotherham MBC) v Secretary of State for Business, Innovation and Skills challenge to Government s allocation of 10bn of EU regional aid R (Tilley) v Vale of Glamorgan CBC challenge to local authority decision on future of library service R (West) v Rhondda Cynon Taf CBC challenge to local authority decision to abolish full time nursery education for 3 year olds Human Rights Joanne is ranked by the directories as a leading junior in civil liberties and human rights work. She practices across the full spectrum of human rights cases, regularly acting for both claimants and defendants. She has appeared in a number of landmark cases, ranging from the state s obligation to investigate deaths in detention to religious freedoms and privacy rights. In recent years, Joanne has gained particular expertise in Article 5 cases and deprivation of liberty. Examples of her work in this field include R (Ferreira) v HM Senior Coroner for Inner South London and others deprivation of liberty in intensive care units R (Crompton) v Police and Crime Commissioner for South Yorkshire whether decision by Commissioner to require Chief Constable to resign breached his rights under Article 8 ECHR by injuring his reputation Mazhar v Lord Chancellor claim under section 9 of the Human Rights Act 1998 contending that a judicial act breached an individual s rights R (Liverpool CC and others) v Secretary of State for Health claim that Government s failure to fully fund costs of the deprivation of liberty safeguards created an unacceptable risk of illegality R (Hurley and Moore) v Secretary of State for BIS challenge to increase in tuition fees as breach of Article 2 of the First Protocol and Article 14 ECHR R (Ghai) v Secretary of State for Justice whether ban on open air funeral pyres is contrary to Articles 8, 9 and 14 ECHR R (Nicklinson) v Secretary of State and DPP right to die cases arguing that the prohibition on assisted suicide breached Article 8 ECHR Education Joanne is ranked in the top tier of education law juniors by Chambers &. Joanne deals with the full range of issues that arise in the context of maintained schools and academies, including admissions, exclusions, special educational needs and disability discrimination, school transport, Academy conversions and the free schools programme, and intervention powers. She is also experienced in claims arising in the independent school sector. She also works in the further and higher education sector, and regularly acts for both students and higher education institutions. She is fully familiar with the Welsh devolution settlement and Welsh education legislation. advising a local authority on a judicial review challenge to the Secretary of State s refusal to revoke an academy order R (West) v Rhondda Cynon Taff CBC challenge to local authority s decision to abolish full time nursery education for three year olds R (Governing Body of the Warren Comprehensive School) v Secretary of State for Education challenge to decision to force failing school to convert to an Academy

3 R (Uddin) v Glyndwr University challenge to University s decision to exclude students when presented with evidence by Secretary of State that they had obtained English language qualifications by fraud Health & Community Care Joanne is ranked in the top tier of community care barristers by Chambers &. She deals with the full range of health and community care matters, including challenges to the provision of services for adults and children, age assessment cases, needs assessments and funding issues, services for those subject to immigration control, human rights disputes, challenges to the setting of care home fees, re- organisation of NHS services and commissioning, and inter-authority disputes. Court of Protection Joanne has particular expertise in Court of Protection matters, regularly appearing in cases raising capacity issues, best interest decisions and deprivation of liberty. She is ranked as leading junior by the directories in Court of Protection (health and welfare). R (Ferreira) v HM Senior Coroner for Inner South London and others deprivation of liberty in intensive care units Briggs v Briggs scope of Court of Protection s powers under section 21A of the Mental Capacity Act 2005 and eligibility for non means tested legal aid R (Dyer) v Welsh Ministers and Abertawe Bro Morgannwg University Health Board nature of obligations on NHS bodies to assess need for particular mental health services Re X and others (Deprivation of Liberty) streamlined procedure for deprivation of liberty cases before the Court of Protection R (Sheffield Care Association) v Sheffield City Council challenge to level of care home fees set by local authority Representing parties in continuing healthcare disputes between individuals, local authorities and CCGs Procurement & State Aid Joanne represents clients in procurement disputes, both as sole and junior counsel. Acting for criminal legal aid solicitors challenging the Legal Aid Agency s award of the new duty contracts Representing a local authority before the Technology and Construction Court in defending a manifest error marking challenge Advising clients on transparency obligations and the publication of evaluation criteria Advising on the application of the procurement regime to grant awards and shared services Advising clients on the permissible grounds for the variation of existing public contracts Advising clients on the application of procurement law to development agreements Advising on applications to lift automatic suspensions Commercial Commercial Judicial Review Joanne is ranked by the directories as a leading junior in public and administrative law. She is regularly instructed to act in judicial review claims brought to protect commercial interests. Examples of her work in this field include

4 R (Sarmarkand Film hip; Proteus Film hip) v HMRC challenge to HMRC decision to disallow millions of claimed tax relief for film sale and leaseback schemes where HMRC considered there may have been tax avoidance R (LCCSA and CLSA) v Lord Chancellor acting for criminal legal aid solicitors in challenge to Lord Chancellor s proposals to reform criminal legal aid R (Bestaway National Chemists Ltd) v Welsh Ministers challenge to decision refusing application for inclusion in pharmaceutical list European Union Joanne s EU law practice overlaps with her expertise in public law and procurement matters. She practices across a wide range of EU law fields, including discrimination, free movement, social security rights and public procurement. R (Rotherham Metropolitan Borough Council, Liverpool City Council and others) v Secretary of State for Business, Innovation and Skills challenge to Government s allocation of 10 billion of EU regional aid raising issues of EU proportionality and non-discrimination Secretary of State for Work and Pensions v SFF test cases considering how the CJEU judgment in Saint Prix applied in domestic law RM v Secretary of State for Work and Pensions whether an EU national parent who had been self-employed while children were in education had a right to reside so as to claim income support EO (Nigeria) v Secretary of State for the Home Department free movement rights of other family members under Citizenship Directive Inquests, Inquiries & Investigations Joanne regularly represents public authorities in coronial inquests. She appears at Pre-Inquest reviews, making submissions about the scope of inquests (including whether the inquest should be an Article 2 compliant inquest), advises on evidence to be produced to the Coroner and represents parties at full inquests. Acting for a local authority in an inquest into the death of a teenager who had been supported by them Acting for a local authority responsible for highway design in an inquest into the death of a cyclist Acting for a local authority in an inquest into the death of a women with learning disabilities receiving social services support and support from medical practitioners Acting for the Secretary of State in an inquest into the death of a prisoner Recommendations Clearly a rising star, she is very knowledgeable and authoritative. Chambers and Combines sound advice with first-rate advocacy skills. Bright, proactive, organised and a pleasure to work with. Chambers and A fantastic and dedicated junior Legal 500 She is very experienced in judicial review, a fact that comes across in the quality of the strategic advice she provides Chambers and an incredibly dedicated and hard working counsel, who provides excellent client

5 service Chambers and Her written advocacy is wonderful, she s a very impressive advocate Chambers and She is extremely intelligent, particularly in terms of public law challenges Chambers and She has an extremely impressive style of advocacy, she is very polished and persuasive and can turn judges around Chambers and Joanne really wins the confidence of clients, she empathises with them and you get the sense she is demonstrably on their side Chambers and She s a really excellent advocate who impresses with her speed and diligence Chambers and A great junior who is immensely confident and has an incredibly good brain Chambers and absolutely outstanding, she has an extremely impressive style of advocacy Chambers and Recent Cases Director of Legal Aid Casework and others v Briggs [2017] EWCA Civ 1169, [2017] CP Rep 45 Application under Mental Capacity Act 2005 s. 21A was not legitimate way of seeking a determination as to whether it was in the best interests of a minimally conscious patient to receive clinically assisted nutrition and hydration R (Crompton) v Police and Crime Commissioner for South Yorkshire and Her Majesty s Chief Inspector of Constabulary [2017] EWHC 1349 Acted for Police and Crime Commissioner in challenge to decision to call upon the Chief Constable to resign his office because of a public statement made by the Chief Constable the day after the Hillsborough Inquests jury had delivered its verdict. Important case considering the nature of the power available to a Commissioner to require a Chief Constable to resign. R (Liverpool City Council and others) v Secretary of State for Health [2017] EWHC 986, (2017) 20 CCL Rep 391, [2017] COPLR 295, [2017] ACD 80 Challenge brought by various local authorities, contending that the Secretary of State has failed to comply with the New Burdens doctrine in failing to fully fund the costs of the DOLS regime and that cuts to local government funding have created a real risk of illegality R (Ferreira) v HM Senior Coroner for Inner South London [2017] EWCA Civ 31 Acted for Secretary of State in appeal considering whether individuals receiving treatment in a hospital intensive care unit are in state detention for the purposes of the Coroners and Justice Act 2009 and are being deprived of their liberty for the purposes of Article 5 ECHR. Briggs v Briggs (by his litigation friend the Official Solicitor) and others [2016] EWCOP 48; [2017] 2 WLR 926 Case considering the nature of the Court s powers under section 21A of the Mental Capacity Act 2005, and whether serious medical treatment issues (in this case, whether it was in a patient s best interests to be given clinically assisted nutrition and hydration) could properly be determined within proceedings brought under section 21A so as to be entitled to non means tested legal aid R (Proteus Film hip and Samarkand Film hip) v HMRC [2017] EWCA Civ 77 Acted for HMCR in judicial review challenge to HMRC s decision not to allow millions of pounds

6 of tax relief to individuals engaged in film sale and leaseback partnerships where HMRC considered there may have been tax avoidance R (Dyer) v Welsh Ministers and Abertawe Bro Morgannwg University Health Board and others [2015] EWHC 3712 (Admin); (2016) 19 CCL Rep 84 Acted for the Welsh Government in defending a claim that NHS bodies had failed to assess local need for mental health services and had acted unlawfully in failing to provide hospital treatment in Wales R (London Criminal Courts Solicitors Association and Criminal Law Solicitors Association) v Lord Chancellor [2014] EWHC 3020 (Admin) (No 1) and R (London Criminal Courts Solicitors Association and Criminal Law Solicitors Association) v Lord Chancellor; R (Law Society) v Lord Chancellor [2015] EWCA Civ 230 Represented criminal legal aid solicitors in successive challenges to the Government s reforms to the system for procurement of criminal legal aid services. R (Rotherham Metropolitan Borough Council, Liverpool City Council and others) v Secretary of State for Business, Innovation and Skills [2015] UKSC 6; [2015] 3 CMLR 20 Represented local authorities in Merseyside and South Yorkshire in public and EU law litigation challenging the Government s allocation of 10 billion of EU regional aid for , which was recently determined by the Supreme Court. R (Tilley) v Vale of Glamorgan County Council [2015] EWHC 3194 (Admin) Represented the local authority in a case challenging a move to community library provision R (West) v Rhondda Cynon Taf County Borough Council [2014] EWHC 2134; [2014] ELR 396; R (Morris and Thomas) v Rhondda Cynon Taf CBC [2015] EWHC 1403 (Admin); [2015] ELR 559 Represented claimants in successive challenges to a local authority s decisions to withdraw funding for full-time nursery education of three year olds News, Articles & Publications International Law in Domestic Courts: the Developing Framework [2008] 124 LQR 388 (with Philip Sales QC) Contributor to Halsburys Laws of England: Judicial Review title Information Rights: Law and Practice (Coppel ed.) Supperstone, Goudie & Walker on Judicial Review (4 and 5 ed) Supperstone & Knapman Administrative Court Practice Joanne is a regular contributor to 11KBW s Education and Community Care blogs and is a contributor to 11KBW s Education Law Manual (forthcoming) Education BA (Jurisprudence), 1st class honours Somerville College, University of Oxford BCL in European and Comparative Law, Distinction Somerville College, University of Oxford Oxford University Eldon Law Scholar Gray s Inn Reid Senior and Beddingfield Junior Scholarhship Oxford University Martin Wronker Prize th th

7 Other Prior to starting practice, Joanne spent a year as a Judicial Assistant to the Law Lords (working for Lord Hope and Baroness Hale). In 2006, Joanne was awarded a Pegasus Scholarship and worked in Wellington, New Zealand. ADDRESS 11KBW 11 King s Bench Walk Temple London EC4Y 7EQ CONTACT US T +44 (0) F +44 (0) OUT OF HOURS CLERK T +44 (0) clerksroom@11kbw.com DX NUMBER LDE 368