Matthew Wyard

Year of Call: 2014
Email Address: matthew.wyard@3pb.co.uk
Telephone: 0117 928 1520

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Public and Regulatory

Matthew Wyard’s public law practice - and specifically his judicial review expertise - focuses on the complementary areas of education, health and community care, alongside having developed a particular interest in the use of public law remedies within family proceedings. Having spent significant time practising in Wales, he is familiar with, and happy to advise upon, the relevant legislation across both jurisdictions.

Education

Within the education sector, Matthew has experience in acting before the Teachers Regulation Authority on behalf of teachers who are accused of wrongdoing. Additionally, he has experience of advising on, drafting and representing clients in a range of education law related judicial review challenges, in particular:

  • CP v Surrey County Council – Represented the claimant in an urgent out of hours injunction application and at a substantive application in the Administrative Court concerning the right of accommodation pursuant to section 20 of the Children Act 1989. He also drafted the Grounds of Judicial Review;
  • JPF v Office of the Independent Adjudicator for Higher Education – Drafted Grounds of Judicial Review regarding the legality of the higher education sector ombudsman’s decision to dismiss the Claimant’s complaint;
  • DB v Kings College London – challenge to a university’s termination of a medical student;
  • DB v London Borough of Richmond upon Thames – challenge pursuant to section 42 of the Children and Families Act 2014 for failing to maintain an Education, Health and Care Plan;
  • MG v Hertfordshire County Council – challenge to the legality of the local authority refusing to finalise an Education, Health and Care Plan in accordance with an order of the First Tier Tribunal;
  • MG v CT Independent Review Panel – judicial review challenge to an IRP’s decision to uphold a permanent exclusion decision;
  • AM v Cardiff City Council – judicial review against the legality of a local authority’s statutory assessment process; and
  • G v Newport City Council – challenge to a local authority’s failure to maintain a Statement of Special Educational Needs pending the outcome of a cease to maintain appeal to SENTW.

Whilst in-house, he was part of the team working on a number of reported, high profile education cases including:

  • DJ v Welsh Ministers & Ors [2018] EWHC 2735 (Admin)
  • Thilakawardhana v Office of the Independent Adjudicator for Higher Education [2018] EWCA Civ 13
  • Zahid v University of Manchester & Ors [2017] EWHC 188 (Admin)
  • DS v Wolverhampton City Council [2017] EWHC 1660 (Admin)

Community Care

Community care is a particular area of interest for Matthew who has been involved in a number of judicial review challenges concerning the same:

  • AA v Newport City Council – a challenge to the legality of the local authority’s withdrawal and subsequent request for repayment of direct payments
  • LT v Merthyr Tydfil County Borough Council – a challenge to the local authority’s breach of section 37 of the Social Services and Well-being (Wales) Act 2014
  • CJ v Powys County Council – advice and pre action correspondence concerning the local authority’s failure to assist with an application for a Disabled Funding Grant
  • Re: AM – advice on reduce liability for care home fees through the efficient structuring of an estate
  • TL v Newport City Council – a challenge against a failure to maintain support outlined in a Care and Support Plan
  • Re: TG – advising on liability for a surviving relative to pay care home fees for a deceased family member
  • TL v Ceredigion Council – judicial review challenge to the local authority’s failure to provide adequate care and support provision

Health/Court of Protection

Matthew is an expert in Court of Protection and healthcare matters and disputes, with experience in both Judicial Review and Court of Protection proceedings including complex section 21A deprivation of liberty challenges. He acts for both individuals, families, local authorities, Health Boards, central government and charities. Recent cases include:

  • MM v Cardiff and Vale University Health Board – judicial review of a health boards decision to refuse to provide adequate nursing care at the claimant’s home thereby preventing him from visiting his mother
  • JW v Merthyr Tydfil County Borough Council – challenge to the legality of the local authority’s decision not to fund rental costs under section 117 aftercare
  • Re: JC – Representing a family member in a long running section 21A challenge concerning allegations of risk of harm to P should he have to return to live with his family
  • Re: JC – Representing a family member in a section 16 challenge concerning whether P should have unsupervised contact with his parents
  • Re: HC – Representing P in a section 21A challenge regarding the restrictiveness of placement in a care home setting
  • Re: CEM – Acting for P in a matter concerning end of life arrangements
  • Settling eight Summary Grounds of Resistance for the Secretary of State for the Home Office
  • Advising on a wide range of community care matters, most recently structuring an estate to circumvent care home fees, advising on disputing a care home invoice and assisting bring judicial review proceedings against a decision refusing to allow a patient to return home from hospital
  • Advising on Continuing Healthcare Funding, appearing in court on behalf of a Respondent local authority client in the Court of Protection successfully securing costs from the Applicant and advising on and settling witness evidence for a Respondent family member in the Court of Protection.

Commercial matters

Matthew Wyard’s interest in corporate work was sparked when he spent six months working as a legal assistant to Urmilla Boolell SC at a top tier commercial chambers in Mauritius.

His public law practise means that he is perfectly placed to advise on the use of public law remedies and challenges to advance commercial interests.

He also maintains an active interest in all areas, with a particular focus on non-contentious drafting within his specialist sectors of education, health and community care, but also in the media field following his appointment as a non-executive director of a music school.

Matthew is familiar with and has experience advising on and drafting a wide range of commercial documentation including:

  • Joint Venture Agreements;
  • Asset Purchase Agreements;
  • Terms and Conditions of Business;
  • Student contracts;
  • Debt policies;
  • Payment plans and financial agreements;
  • Paid contribution agreements;
  • Unpaid contribution agreements;
  • Various forms of licences;
  • A variety of intellectual property agreements;
  • Contracts of employment; and
  • Appraisal forms.

Disputes that Matthew has recently been involved with include:

  • Drafting particulars of claim and advising on jurisdiction in a cross border claim for breach of contract, negligence and personal injury;
  • A dispute between the directors of, and consultants for, a pharmaceutical company as to the apportionment of liability between the company and consultants upon the consultants’ retirement;
  • Cost proceedings brought under the Solicitors Act 1974;
  • Representing the defendant company in a claim for unlawful interference with goods;
  • Representing the aggrieved individual in a dispute under the Electronic Communications Code against a telecommunications company;
  • Representing the defendant solicitor’s firm in a breach of contract and negligence claim brought by a dissatisfied client at first instance and on appeal;
  • Representing both creditors and debtors in bankruptcy proceedings; and
  • Disputes between independent schools and parents for unpaid fees in lieu of notice.
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Academic qualifications

  • 2014:     Called to the Bar (Lincoln’s Inn)
  • 2012 – 2013: Postgraduate Diploma in Law, City Law School
  • 2008 – 2012: LL.B (Hons)(SW) Law, University of Surrey

Scholarships

  • Erasmus Scholarship
  • Blackstone Chambers BPTC Mooting Competition, Semi finalist, 2013

Professional qualifications & appointments

  • Bar Professional Training Course, City Law School, 2012 – 2013

Professional bodies

  • Lincoln's Inn, Member