Civil liberties and human rights (including actions against the police) in London Bar

Blackstone Chambers is lauded as 'incontrovertibly the stand out public law chambers in the country' and 'packed with talent from top to bottom'. In a landmark case arising out of the Covid-19 pandemic, Naina Patel represented a claimant in R (JCWI) v President of the UT (IAC), resulting in a declaration of unlawfulness of the COVID-19 guidance of the President of the Upper Tribunal of the Immigration and Asylum Chamber, by which the norm of oral error of law appeal hearings was replaced with a default of paper determinations. In another significant hearing, Charlotte Kilroy QC was instructed by the Public Law Project to represent Medical Justice before the Court of Appeal in Medical Justice v Home Secretary, finding that the Home Office’s ‘no-notice’ removals policy, a policy under which around 40,000 removals had been effected between 2015 and 2019, was ultra vires. James Eadie QC continues to be the first port of call for the government in his role of Treasury Devil.

Doughty Street Chambers is the ‘foremost set for civil liberties, public and international law‘ and ‘boasts astonishing strength in depth‘. The set has a growing claimant side police law practice, which has been bolstered by the arrival of Maya Sikand QC and the appointment of new silks, Adam Straw QC and Jamie Burton QC. Nicholas Bowen QC is ‘highly capable and not afraid to challenge the status quo‘, and regularly acts in appellate cases in actions against the police and public authorities. In Chief Constable of West Yorkshire Police v. Dyer, Straw represented the family of Andrew Hall, a man who died after being restrained by police in custody, in a successful High Court judicial review challenge to the Coroner’s decision that all police officers giving evidence in the case would be hidden from the public by screens. Caoilfhionn Gallagher QC is representing the Equality and Human Rights Commission in R (AB) v Secretary of State for Justice and the Youth Justice Board, a case concerning the compliance of solitary confinement of children in Young Offender Institutions with Article 3 ECHR’s ban on inhuman and degrading treatment. Elsewhere, Edward Fitzgerald QC is representing the claimants in Day v The Government of the Cayman Islands, a challenge to the unavailability of same-sex marriage in the British Overseas Territory under its constitution. In March 2021 Graham Denholm joined from Landmark Chambers.

Matrix Chambers is considered ‘a leader in many areas relating to civil liberties and human rights.’ In Howard v SSHD,  Phillippa Kaufmann QC successfully brought a challenge on behalf of a man who moved to the United Kingdom as part of the Windrush generation, which concerned the legislation governing naturalisation on the ground that it discriminates against the Windrush group by failing to disapply the good character requirement in their cases. Elsewhere, Richard Hermer QC and Edward Craven are representing the claimant in Abu Zubaydah v Home Office and Foreign & Commonwealth Office, concerning a civil claim for damages brought by a Guantanamo Bay inmate against MI5 and MI6, who he alleges were complicit in him being tortured and abducted by the CIA. Aidan O’Neill QC, a dual silk in England and Scotland, garners praise for his ‘unparalleled knowledge of the area’.

39 Essex Chambers is ‘a proficient and excellent set‘, with particular strength in defendant work, however the set has a growing claimant-side practice. Key areas of instruction include protection of right to life and medical treatment, immigration and human rights, right to property and children’s rights. Katherine Apps represented United the Union in a judicial review of North Yorkshire Police’s declaration that picketing as part of industrial action was not “work purposes” under the second round of coronavirus regulations, making it an offence to leave one’s home without “reasonable excuse”. A number of members of the set have expertise in acting as special advocates in closed material proceedings, with Lisa Giovannetti QC particularly notable for her government-side work in national security cases.

Garden Court Chambers ‘is excellent, with a well deserved reputation‘ in complex constitutional and high profile administrative, human rights-related public and private law cases. Leslie Thomas QC represented the directors of a private hospital in a malicious prosecution case against Norfolk Constabulary, as part of a broad practice representing those litigating against police forces. Henry Blaxland QC‘s expertise in this space crosses over with his expertise in criminal trials and appeals, and Marc Willers QC is noted for his established track record in handling cases concerning Gypsy and Traveller communities.

11KBW ‘are able to take on any human rights issue and do it with panache‘, with notable strengths in immigration, social care and mental health matters. Jason Coppel QC represented the claimant founder of the Brexit Party in Banks v HMRC, who alleges that the lack of inheritance tax exemption on minor political parties was discriminatory under the European Convention on Human Rights. Tom Cross was leading counsel for the claimant in Phillimore v College of Policing, a case concerning a police policy of recording “non-crime hate incidents”. Alongside claimant work, multiple members of chambers are active in government work for national and local authorities.

Brick Court Chambers handles the full gamut of EU law, public law and human rights cases at all levels of the domestic and international courts. The team is particularly well-versed in handling claimant work. Paul Bowen QC represented the Joint Council for the Welfare of Immigrants in a judicial review concerning its failure to produce diversity statistics for the EU Settlement Scheme, while Maya Lester QC is representing a number of British residents in a race discrimination claim against Metrobank, which is alleged to have racially discriminated against customers with familial connections to Iran by suspending their accounts without notices or explanation.

Landmark Chambers has a well balanced claimant, defendant and intervener practice, and is active on nationally significant and high profile civil liberties and human right cases. David Blundell QC defended a challenge to the Secretary of State’s decision to establish an ex gratia scheme to assist Syrians displaced in the Middle East, but excluding other nationalities previously resident in Syria (such as Palestinians), in R (Turani) v. Secretary of State for the Home Department, which was brought by Palestinian refugee claimants formally resident in Syria, and displaced to Jordan, citing unlawful discrimination. In R (W (A Child)) v Secretary of State for the Home Department (Project 17 intervening) [2020] 1 W.L.R. 4428, Alex Goodman acted for the successful claimant contending that the Home Office policy imposing “no recourse to public funds” was incompatible with article 3 ECHR and the common law ‘law of humanity’. Tim Buley QC has expertise in acting as a special advocate. In March 2021 Graham Denholm moved to Doughty Street Chambers.  

Monckton Chambers is particularly adept at handling cases with an overlap of commercial, regulatory litigation and human rights, and the protection of commercial interests through international human rights proceedings. In the Supreme Court, Ian Wise QC acted for the claimants in R(Z) v Hackney LBC and Agudas Israel Housing Association, a case concerning positive discrimination in the provision of housing specifically adapted for the use of Orthodox Jews. Eric Metcalfe successfully represented the government in R (Michael) v Governor of HMP Whitemoor, concerning a convicted murderer who argued that his right to a fair trial was impeded by his presence at a civil case by video link.