Anne-Marie Irwin

Associate

Biography

I am a solicitor in the Public Law department in London. I have experience in a broad range of public law practice and specialise in community care, healthcare and medical treatment, mental capacity/court of protection cases, disability discrimination and human rights law.

I am regularly instructed by the Official Solicitor to act on behalf of vulnerable adults in the Court of Protection in relation to health and welfare matters including deprivation of liberty and disputes about contact and residence.

I advise clients in relation to their rights to healthcare, medical treatment and other clinical disputes. These cases often raise issues of medical ethics and legal arguments relating to ‘dignity’, the ‘right to life’ or the ‘right to healthcare’.

I have a successful planning law practice and experience of effectively challenging decisions of local planning authorities in relation to the grant of planning permission.

Testimonials

She is respected for her "enormous dedication to her clients" and is said to "understand the jurisdiction, the needs of her client and how to get the best result in a very canny way." - Chambers & Partners 2016

"An extremely good litigator who is determined and fights her client's corner" - Chambers & Partners 2015

"She is measured, firm, robust and fair in terms of managing the client's expectations." - Chambers & Partners 2014

Sources value her ability to "hold together a case and to pursue it in the client's interests" - Chambers & Partners 2013

Anne-Marie Irwin is a "very good strategist" - ​Legal 500 2016

Has "a growing reputation for challenging local authorities and health organisations" - Legal 500 2013

Notable Cases:

  • R (on the application of) JM and  NT v Isle of Wight Council [2011] EWHC 2911 (Admin) which successfully challenged by way of judicial review the decision of Isle of Wight Council to restrict its eligibility criteria for adult social care services.
  • R (Gibson) v Waverley Borough Council [2012] EWHC 1472 (Admin). I acted for the Applicant in which  quashed a planning permission and listed building consent granted by Waverley Borough Council for a scheme to turn Undershaw into nine separate homes.
  • W  v M and others [2011] EWHC 2443 (Fam). I acted for the Applicant in the first case in which the Court of Protection considered whether it was in the best interests for artificial nutrition of a woman in a minimally conscious state to be withdrawn
  • Regina (Lewis) v Redcar and Cleveland Borough Council (No 2) [2010] UKSC 11 in the Supreme Court. I acted for the Applicant in a successful application resulting in a decision that the inhabitants of Redcar were entitled to register an area of land as common land, so preventing proposed development of the land
  • YA(F) v A Local Authority [2010] EWHC 2770. I acted for the Official Solicitor in this case in which the Court of Protection ruled that it has jurisdiction to award damages under the Human Rights Act
  • Salford City Council v BJ (2009) EWHC 3310 (Fam). I acted for the Official Solicitor in this case in which Munby LJ set out guidelines relating to internal and court reviews in "deprivation of liberty" cases, where an individual lacks capacity

Publications

  • Access to medical treatment for people with an unsettled immigration status  - Anne-Marie Irwin -  British Journal of Neuroscience Nursing, April/May 2012.
  • Your Rights to Children’s Services – Anne Marie Irwin - My Child and Me Magazine, March 2012.
  • Physician Assisted Suicide – Yogi Amin and Anne-Marie Irwin - British Journal of Neuroscience Nursing, April/May 2011.
  • Understanding Restraint in the Context of Law – Yogi Amin and Anne-Marie Irwin - British Journal of Neuroscience Nursing, August/September 2010.

Read My Comments On The Latest News

  • 04/05/2016
    'Do Not Resuscitate Orders' Are Being Imposed Without Consent

    “It is astonishing that hospitals would undergo such an important decision over life or death without consulting the patient or their family members. “Sadly, we see many cases where consultation simply does not happen, and a patient’s right to life is not respected. There should always be a consultation process except for in clearly defined circumstances such as when the clinician believes the process would cause harm to the patient. “Patients and their families should be at the heart of the decision making process when it comes to life and death decisions such as this.”

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  • 31/03/2016
    Dying Patients Routinely Left Under Neglect In Final Hours

    “The findings from the report are very clearly worrying as they raise concerns that the safety and quality of care provided to those reaching the end of their life is simply not good enough and varies widely across the UK. “With new guidelines in place, it must be hoped that lessons have been learned. Everything possible must be done to ensure that all patients’ human rights and dignity are considered during their care, including those with terminal conditions. Patients and their loved ones should be consulted, in so far as possible, to ensure they are comfortable with decisions being taken about their treatment and care.”

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  • 07/09/2015
    ‘Care Must Be Taken’ In Cancer Drug Fund Changes

    “Assessing and ensuring that cancer patients have access to effective medication is of course a tremendously difficult and incredibly emotive issue. “As such, every step has to be taken to ensure that any decisions regarding medication are carefully considered. Sadly, we have seen instances when patients have suffered as a result of unfair restrictions imposed by the NHS and other authorities. “The safety and care of sufferers should always come first and it is vital that these changes do not lead to the restriction of drug treatment that not only has the support of the patient’s NHS doctor but can also prolong – and in some cases save – people’s lives.”

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  • 17/08/2015
    Lawyers Reveal Hopes For ‘Vital’ End-Of-Life Care Improvements

    “The findings from the CQC are clearly very worrying, as they raise clear concerns that the safety and quality of care provided to those reaching the end of their life is simply not good enough. “With NICE recently publishing new draft guidance on end-of-life support, it must be hoped that the mistakes of the past will be tackled and lessons ultimately learned. “The previous Liverpool Care Pathway process, which was in force when this research was undertaken, has come under much criticism and we have seen numerous cases where the guidelines were found to be not fit for purpose. “Everything possible must be done to ensure that a patient’s human rights and dignity are always considered in their care. In addition, patients and their loved ones should always be consulted to ensure they are comfortable with decisions being taken.”

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