Arnot Manderson counsel Joanna Cherry QC and Kenneth Campbell QC led for two of the three parties in the first appeal to the UK Supreme Court concerning a decision of the Mental Health Tribunal for Scotland. On 7 & 8 October, Joanna Cherry QC appeared with David Leighton for a patient, known as G, in an appeal concerning the interpretation of section 264(2) of the Mental Health (Care and Treatment)(Scotland) Act 2003, which governs appeals against detention in conditions of excessive security the State Hospital. Kenneth Campbell QC represented the Mental Health Tribunal for Scotland along with John MacGregor.

 This was Joanna’s third appearance as lead counsel in the Supreme Court. She previously led for the Crown in the case of HMA v P (Scotland) 2011 SLT 1097 which is one of a group of cases known as “the Sons of Cadder” and in the cases of HMA v Hodgson, Birnie and Jude and McGowan v B (Scotland), 2012 SC (UKSC) 222 (2012 SLT 37 and 75) known as ”the Grandsons of Cadder”, on which occasion Joanna led in the principle argument and Jonathan Brodie QC, also of the Stable, with Kenneth, addressed the issue of whether a time-bar applied to criminal appeals under s.100(3B) of the Scotland Act 1998.

 Both Joanna and Kenneth have extensive expertise in mental health law.  Joanna is the legal editor of the second edition of “Mental Health and Scots Law in Practice” which will shortly be published by W Greens.  Kenneth has contributed two chapters to this important legal resource.

 The style of advocacy required in the Supreme Court is materially different from that in the Court of Session and High Court, with the preparation of the written case and argument assuming an unparalleled importance.  The Stable is delighted that it continues to accrue within its membership experience of appearing in front of the unique and challenging forum that is the Supreme Court, with the unequalled resources for legal research provided by the Faculty’s Library.