Rhys Hadden

Called 2006
He is incredibly pleasant and knowledgeable.
Chambers and Partners, 2018
He is very responsive and pragmatic.
Chambers and Partners, 2018
He is incredible and liked very much by clients, who admire his manner and superior drafting.
Chambers and Partners, 2017
With Rhys, you know 100% that he's reliable and will thoroughly prepare for the case.
Chambers and Partners, 2017
Rhys is excellent at talking to vulnerable adults, breaking down complex legal issues and making sure they can understand and participate as much as possible.
Chambers and Partners, 2017

 

Rhys is a barrister who specialises in all areas of public and administrative law. He has particular experience of human rights, mental health, community care, children-related matters (including education), immigration and asylum, social housing, freedom of information and data protection and costs. He advises and represents claimants and defendants in judicial review proceedings, as well as before a range of other tribunals, including other divisions of the High Court, the Court of Appeal, the First Tier Tribunal and Upper Tribunal.

Rhys represents a variety of clients in the Court of Protection. He regularly acts for the Official Solicitor, statutory bodies, deputies and family members.

If you would like any further information regarding Rhys Hadden’s practice, please contact his clerks or call +44 (0)20 7405 6114.

 

Public law & local government

Rhys accepts instructions in any area of public and administrative law. During pupillage he had exposure to a broad range of public law matters, including in the fields of local government law, community care, freedom of information and care standards. Rhys is keen to expand his practice to incorporate the areas of mental health and education law.

Rhys also appears regularly before the Asylum and Immigration Tribunal. Alongside immigration work, he has an interest in community care and social welfare law, and especially the provision of support for persons from abroad.

 

Court of Protection

Rhys has an established practice that covers the entire spectrum of the health/welfare and property/financial affairs jurisdictions in the Court of Protection. He also deals with cases requiring the inherent jurisdiction of the High Court. In particular, he has experience with:

  • best interests disputes about residential arrangements, care and contact
  • the international protection of incapacitated adults and their assets
  • serious medical treatment cases
  • care proceedings involving children that overlap with proceedings in the Court of Protection
  • deprivation of liberty cases, including applications under s. 21A MCA 2005, the “Re X” process and under the inherent jurisdiction of the High Court (for children under 16)
  • damages claims under the HRA 1998
  • capacity to consent to sexual relations/marriage
  • forced marriage
  • the interface between MHA 1983 and MCA 2005
  • “hoarding” cases
  • the appointment and discharge of deputies, statutory wills, gifts, settlements and applications relating to EPAs and LPAs

Notable Cases:

  • MASM v MMAM & Ors (Rev 1) [2015] EWCOP 3 (29 January 2015)
Family

Rhys’ family practice concentrates primarily on proceedings which overlap with the Court of Protection and inherent jurisdiction of the High Court which are concerned with incapacitated children and vulnerable adults. He appears on behalf of  the Official Solicitor, local authorities and family members.

 

Civil

Rhys advises and acts in a wide range of civil law disciplines, including bankruptcy and insolvency proceedings, landlord and tenant, general negligence and contract. He has appeared in final and interim County Court hearings and has experience of all aspects of civil procedure including applications for strike out, summary judgment, disclosure, stays, directions and disposal hearings.

Other Notable Cases
Judicial Assistant

Rhys returned to Chambers after spending two terms as Judicial Assistant to Sir Anthony May, the President of the Queen’s Bench Division. He assisted in a wide range of cases including:

Peters v East Midlands Strategic Health Authority & Anor [2009] EWCA Civ 145 (community care – whether claimant entitled as of right to choose damages from tortfeasor to fund care and accommodation costs rather than local authority provision)

R (Shields) v Secretary of State for Justice [2008] EWHC 3102 (Admin) (whether Secretary of State is constrained from exercising prerogative of mercy to grant pardon in respect of English football fan convicted in Bulgaria and serving sentence in British prison)

BK (Democratic Republic of Congo) v Secretary of State for Home Department [2008] EWCA Civ 1322 (immigration – country guidance decision – whether failed asylum-seekers involuntarily returned to DRC were likely, merely because of their return, to suffer breach of Art.3 ECHR)

Calvert v William Hill Credit Ltd [2008] EWCA Civ 1427 (negligence – whether bookmakers owed duty of care to compulsive gambler)

R (O’Connor) v HM Coroner for District of Avon & Anor [2009] EWHC 854 (Admin) (coroner’s inquest – person whose actions led to child’s death acquitted of manslaughter by foreign court on finding of temporary insanity – appropriate standard of proof where issue of insanity raised on evidence)

Education
  • MA Philosophy (Distinction) – University of Manchester
  • PgDL – University of the West of England
  • BVC – BPP Law School, London
  • Diplock Scholarship – Middle Temple (2005)
  • Michael Polanyi Prize for Excellence in Philosophy (2001)
  • Alfred & Edith Hamer Entrance Scholarship (1998)
Appointments

Rhys was appointed to the Welsh Government’s Junior Counsel “Panel B” in October 2012.

Professional memberships
  • ALBA
  • HRLA
  • FLBA
  • CoPPA
Publications