Francis Lyons > Capsticks LLP > London, England > Lawyer Profile

Capsticks LLP
1 ST GEORGE'S ROAD
LONDON
SW19 4DR
England

Work Department

Clinical law.

Position

Francis is a partner in our Public Law team and he advises on legal issues arising from the commissioning, planning and delivery of health and social care.  He leads the firm’s 24-hour emergency legal helpline as well as our mental health and Court of Protection work, frequently advising on detention and deprivation of liberty as well as best interests, treatment and safeguarding issues. 

Francis is recognised as an expert in mental health and mental capacity law.  His recent MHA cases include ‘Munjaz’, in which the European Court described the seclusion policy he advised on as “exemplary” when allowing a departure from the Code of Practice, and the ‘Haines’ matter in which Francis represented Broadmoor Hospital in the first ever reported public tribunal hearing. His advice on the unlawful delegation of the Secretary of State’s s.12 MHA approval functions to an FT, resulted in emergency legislation in 2013.  Francis has worked on secondment with a local authority, and as a member of a Foundation Trust Board’s MHA committee. In addition, Francis provides advice for emergency services clients.

In addition to the support he provides to clients on policy development and decision making, Francis also advises on judicial review challenges, complaints, incident handling and the disclosure of information.   Francis is ranked as leading solicitor in independent legal directories. Chambers states “He knows his stuff and is sensible and also pragmatic. A pleasure to work with” and the Legal 500 says Francis “is able to focus on the legal issues without getting bogged down in the emotional issues which are invariably involved”.

Career

Trained Reid Minty LLP (now Pinsent Masons LLP); qualified 1998; associate partner Reid Minty LLP 2002; joined Capsticks 2003, partner 2011 to date.

Education

Southampton University (1994 LLB (Hons)); College of Law, Guildford (1995 Legal Practice Course Diploma).

Lawyer Rankings

London > Public sector > Administrative and public law

Capsticks LLP specialises in representing NHS bodies in judicial reviews, particularly in relation to proposed changes to the location and configuration of healthcare services. Additionally, the team has developed a strong reputation for its work on behalf of individual patients, including matters under the Mental Health Act. Peter Edwards is known for working with policy leaders in the healthcare sector, assisting with major organisational changes and staff transfers. Ian Cooper often assists care providers with CQC registrations; he is also known for providing high level advice across the NHS regarding the inspection and enforcement powers of the CQC. Francis Lyons is also a core member of the team.

London > Private client > Court of protection

Capsticks LLP specialises in advising NHS providers and commissioners, public, private and charitable sector clients on all issues involving incapacitated and vulnerable people. It has significant knowledge of the interaction between the Mental Health Act, the Mental Capacity Act and deprivation of liberty safeguards. Francis Lyons leads the excellent team that continues to be involved in some of the most complex cases dealing with issues such as the withdrawal of treatment and compulsory treatment for incapacitated patients.

London > Public sector > Healthcare

Capsticks LLP advises NHS Trusts, private healthcare providers, and GPs on major healthcare infrastructure projects, while its healthcare litigation team advises on contract and procurement disputes and criminal investigations. Practice head Andrew Rowland ‘s work over the last year included covid-related matters, while Peter Edwards is well-regarded for healthcare governance advice. Stephen Tainsh advises on healthcare PPPs and transactional and regulatory matters. Francis Lyons deals with high-profile healthcare-related inquires. In February 2021 the team brought in partner Mary Mundy from DAC Beachcroft LLP  having already  boosted its team with the promotion of  Neha Shah, Sunita Raja, and Paul McFarlane to partner in October 2020. In May 2020 Joanna Bower departed for Clyde & Co LLP.