Ian Brady applications relating to legal representation rejected – Francesca Whitelaw, Russell Fortt and Cicely Hayward represent the First Tier Tribunal

22 March 2018

The Administrative Court (Morris J) has today rejected an application by Ian Brady for permission to bring judicial review proceedings against the Lord Chancellor, and a renewed application against the First Tier Tribunal (Health Education and Social Care Chamber) Mental Health (formerly the Mental Health Review Tribunal).  Ian Brady was convicted of what became known as the Moors Murders in the 1960s.  He has been detained, initially in prison and then in a psychiatric hospital, since 1965.  He sought to challenge the decision of the Tribunal not to appoint his choice of legal representative under rule 11(7)(a) of the First Tier Tribunal (Health Education and Social Care Chamber) Rules 2008, as well as the decision of the Lord Chancellor to refuse public funding for his choice of representative.  Morris J refused permission in respect of both defendants, finding the claims unarguable.

Francesca Whitelaw, Russell Fortt and Cicely Hayward were instructed by the Government Legal Department to represent the First Tier Tribunal in this matter.  Francesca Whitelaw appeared on behalf of the First Tier Tribunal at the hearing.

Reporting of the case in the press includes: The Guardian and The Telegraph


Francesca Whitelaw KC

Call 2003 | Silk 2023

Russell Fortt

Call 1999

Cicely Hayward

Call 2009


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