The Legal 500

Position

Specialist in the areas of human rights law and public law. Has appeared in a number of leading cases in human rights, administrative and discrimination law cases in recent years, in the Court of Session and the House of Lords. Was standing junior counsel to the Home Department in Scotland from 2000 to 2008, which involved numerous substantive judicial review and appeal hearings in immigration and asylum, and other public law matters. Appointed as Mental Health Tribunal Convener (2005); appointed as Ad Hoc Advocate Depute (2005); appointed as part-time Sheriff (2007); acted as junior counsel to the Fingerprint Inquiry Scotland (2008/09). Cases of particular note in the area of judicial review include Tehrani v Secretary of State for the Home Department [2006] SLT 1123 (House of Lords), regarding the jurisdiction of the Court of Session in relation to judicial review of the decision of a UK-wide appellate tribunal; and Abdulla v Secretary of State for the Home Department (Outer House) [2007] CSOH 34, whether judicial review can be brought notwithstanding statutory review process in immigration appeals. In human rights, Ms Carmichael has been involved in Napier v Scottish Ministers [2005] 1 SC 229 (Outer House), regarding prisoners’ rights, contravention of Article 3 ECHR, slopping out, and damages; Somerville v Scottish Ministers [2008] SC (HL) 45 (House of Lords), prisoners’ rights, decisions to segregate under Prisons and Young Offenders’ Institutions Rules, proportionality at Common Law, the relationship between Scotland Act 1998 and Human Rights Act 1998, damages claims, time-bar in claims for breaches of Convention rights; Helow: Petition to Nobile Officium [2008] 1 WLR 2416 (House of Lords), regarding fair hearing at common law, and apprehension of bias on the part of a Court of Session judge; Tehrani v UKCC [2001] SC 581 (Outer House), professional disciplinary body, compatibility of process with Art 6 ECHR; Birrell v Parole Board [2006] CSOH 181 (Outer House): compatibility of procedure in Life Prisoner Tribunal with Art 5 ECHR; and Hallam v Care Commission [2005] SCLR 982 (Outer House), whether Article 6 ECHR engaged in relation to Care Commission investigation of complaint, and common law fairness. Immigration cases include Saber v Secretary of State for the Home Department [2003] SLT 1409 (Inner House), whether a non-state entity can provide protection for the purposes of the Refugee Convention; Wani v Secretary of State for the Home Department [2005] SLT 875 (Outer House), proper approach of decision maker to plausibility of applicant’s account of persecution; Ali v Secretary of State for the Home Department [2003] SLT; and Ibrahim v Secretary of State for the Home Department [2002] SLT 1150 (Outer House), time limits under Dublin Convention, third country cases, certification and legitimate expectation. Discrimination/employment cases include MacDonald v Advocate General [2003] SC (HL) 25 (House of Lords), whether the Sex Discrimination Act could be construed as rendering unlawful discrimination against homosexual servicemen, retrospectively of the Human Rights Act; and BBC Scotland v Souster.

Practice Areas

Administrative and public law; Civil liberties and human rights; Public inquiries