Chambers of Jonathan Hirst QC and Nicholas Green QC
7-8 ESSEX STREET, LONDON, WC2R 3LD, ENGLAND
- Tel:
- Work 020 7379 3550
- Fax:
- Fax 020 7379 3558
- DX:
- 302 LONDON CHANCERY LANE WC2
- Web:
- www.brickcourt.co.uk
- Email:
Jemima Stratford QC
- Tel:
- Work +44 20 7379 3550
- Email:
Position
Barrister specialising in EU law, administrative and public law, and human rights/civil liberties. EU cases include: Carswell v Sec of State for Transport (Francovich damages claim); IMS v Ofcom and Red Bee (CAT- whether decision appealable under Competition Act); Abbey National and ors v OFT (Commercial Ct – CA and HL – test case concerning unauthorised overdraft charges); Ericsson v Samsung (Patent Ct – competition proceedings concerning mobile telephone patent cross-licences); Case C-345/06 Heinrich (legality of secret annex to regulation); Case C-64/05 P IFAW (ECJ – access to information); Byrne v MIB and Sec. of State (CA) and QBD – Francovich claim); Case C-452/06 Synthon; Case C-1/05 Jia (ECJ – free movement rights and right to residence); Case C-374/04 Test Claimant in Class IV of the ACT Group litigation (ECJ – freedom of establishment and dividends); Poole v HMT (CA and Commercial Court – group litigation concerning Lloyd’s Names); Foulser v Macdougall (HMIT) (CA and Ch Div – when freedom of establishment engaged); Case C-112/03 SFIP (ECJ – Brussels Convention and insurance contracts); Case C – 1010/01 Bodil Lindqvist (ECJ – Data Protection Directive); Case C – 208/00 Uberseering v NCC Nordic Construction (ECJ – freedom of establishment for companies); Case C-106/01 R v MCA ex parte Novartis (High Court, CA and ECJ – pharmaceutical marketing authorisation); Case C-491/01 R (Imperial Tobacco and others) v Secretary of State for Health (ECJ – legal base for directive). Administrative and public law cases include: R (Luton & Nottingham) v Secretary of State for Education CJR of building schools for the future cuts); Jones v Saudi Arabia and others (HL and CA – operation of state immunity in civil proceedings alleging torture); Council for Regulation of Healthcare Professionals v Southall (Admin Ct – appeal against professor of paediatrics arising out of Sally Clarke case); R (CND) v Prime Minister (Div Ct – declaration sought concerning UN resolution on Iraq); R (Smeaton) v Secretary of State for Health and others (Admin Ct – ‘morning after pill’ case); R v Department of Health, exp Source Informatics (CA – use of anonymised patient information); R (T-Mobile and others) v Competition Commission (Admin Ct – regulation of mobile phone termination charges); Council for Regulation of Healthcare Professionals v GMC and Ruscillo; NMC and Truscott (CA-test case on undue leniency in healthcare regulation). Human rights/civil liberties cases include: AE, AF and AN v Secretary of State for Home Department (HL – fairness of control order hearings); RK and AK v UK (ECtHR -Strasbourg cases arising out of HL judgment in D v E. Berkshire); R (Gentle & Clarke) v The Prime Minister and ors (HL, CA and Admin Ct – whether Art 2 ECHR requires an inquiry into the legality of the war in Iraq); Roche v UK (mustard gas and nerve agent testing on soldier by MoD at Porton Down -finding of violation by Grand Chamber of ECtHR); Z v UK and TP&KM v UK (ECtHR – overturned Osman v UK); R (Hooper and others) v Secretary of State for Work and Pensions (HL, CA and Admin Ct – test cases concerning widows benefits under the Human Rights Act 1998); Kingsley v UK (ECtHR – Grand Chamber judgment on just satisfaction in Article 6 cases).
Career
Called 1993; Middle Temple; tenancy at Brick Court Chambers 1995; junior counsel to the Crown (A Panel) 2007; Silk 2010. Publications: ‘Striking a Balance: Privacy v Freedom of Expression under the European Convention on Human Rights’, published in ‘Developing Key Privacy Rights’ (Hart 2002); co-author of ‘Competition: Understanding the 1998 Act’ (Palladian 1999). Current directorships: Executive Board and Council Member of JUSTICE; vice chair of ALBA.
Languages
French, German.
Member
ALBA; COMBAR; Bar European Group; JUSTICE; Bar Human Rights Committee; European Circuit; SE Circuit; Bar Pro Bono Unit; Liberty; HRLA.
Education
South Hampstead High School; New College Oxford (1990 BA Hons Class I); City University (1992 CPE Diploma Course in Law with distinction); Kings College, London (1996 Diploma in Competition Law).
Practice Areas
Administrative and public law; Civil liberties and human rights; EU and competition