Jonathan Cowen

Called 1983

MA (Oxon)
Diploma in Law, City University

Main Areas of Practice

Court of Protection
Public Law and Local Government
Family

Professional Memberships

Family Law Bar Association
Professional Negligence Bar Association

Profile

Jonathan's practice covers public and local government law, all aspects of family law as well as certain areas of civil law.

Public Law and Local Government

Jonathan’s practice covers all aspects of community care law, including cases where mental health issues arise, cases involving persons subject to immigration control and disputes between local authorities regarding the responsible authority. Jonathan’s experience includes cases which are dealt with in the Administrative Court and are concerned with local authorities’ obligations in relation to children and cases dealt with in the Court of Protection. He has experience in cases dealt with under the Mental Capacity Act, 2005, cases where deprivation of liberty issues arise and applications brought under the inherent jurisdiction of the High Court. He also has experience in healthcare law, particularly where public law and best interests issues arise. Jonathan has lectured on community care law, including local authorities’ obligations to persons subject to immigration control.

Notable Cases

YB V BCC 2010 EWHC 3355 COP. Decision of the Court of Protection, heard in the High Court Family Division, dealing with whether placement arrangements by a local authority for a child constitute a deprivation of liberty.

LBL V RYJ 2010 EWHC 2665 COP. Decision of the Court of Protection, heard in the High Court Family Division, considering capacity under the Mental Health Act, 2005 and the circumstances in which it is appropriate to invoke the inherent jurisdiction.

R(C) v Birmingham City Council 2010 ALL ER (D) 27 (May). Decision of the Court of Appeal concerning local authorities’ obligations to persons unlawfully in the United Kingdom and their children.

R (M) v Birmingham City Council 2009 EWHC 1584 (Admin). Decision of the Administrative Court concerning local authorities’ obligations under section 20 of the Children Act, 1989.

R(S) v London Borough of Lewisham, London Borough of Lambeth and London Borough of Hackney 2008 All ER (D) 195 (May). Responsible authority under the National Assistance Act, 1948, where dispute between different local authorities.

R (AW, DAY) v London Borough of Croydon and London Borough of Hackney 2007 EWCA Civ 266, 2007 CCLR 189. Decision of the Court of Appeal dealing with local authorities’ obligations to failed asylum seekers.

R (B) V London Borough of Hackney 2003 EWHC 1654 (Admin) Local authorities’ obligations to infirm destitute asylum seekers under section 21 of the National Assistance Act, 1948

Family

Jonathan’s family practice covers all aspects of children law, including care proceedings and child abduction. Jonathan has represented local authorities, parents and guardians in care proceedings including complex cases involving allegations of sexual abuse and non-accidental injuries. He also has experience in ancillary relief, including cases where the Serious Fraud Office seek a criminal confiscation order in relation to matrimonial assets. His work also includes related areas such as public interest immunity.

Notable Cases

In the matter of A (A Child) 2008, 2009 1 FLR 1. Decision of the Court of Appeal confirming burden and standard of proof in contempt of court cases.

Re LM (a child) (care proceedings witness summons), 2007 1 FLR 1698; 2007 All ER (D) 108 (Jan). Decision of the Court of Appeal concerning whether a child should give evidence in care proceedings.

Chancery  and Comercial

Professional Negligence

Personal Injury

Additional Professional Information

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