Mark Henderson > Doughty Street Chambers > London, England > Lawyer Profile

Doughty Street Chambers
Doughty Street Chambers
53-54 DOUGHTY STREET
LONDON
WC1N 2LS
England

Position

Mark practices across public, human rights, EU and civil law. Specialisations include immigration (business and personal); asylum; public and private claims for unlawful detention; freedom of expression, media and defamation; privacy, data protection and information law; community care and a range of other judicial review work; standards and public governance; and political parties and other unincorporated associations. He was awarded Legal Aid Barrister of the Year in 2010, the citation identifying “his agility of intellect and encyclopaedic legal knowledge combined with his forensic attention to detail“. Recent cases have included Foster v McNicol and Corbyn [2016] EWHC 1966 (QB), one of the most politically significant and sensitive cases to have come before the courts in recent years, in which he acted for the Labour Party defending the NEC’s ruling that the Leader was entitled to fight any leadership challenge; and Babbage [2016] EWHC 148 (Admin) which held that Foreign National Prisoners could be neither detained nor prosecuted for refusing to leave the UK voluntarily, and set out the Government’s disclosure duties in JR. Previous cases included Gaunt v Ofcom which established the right of journalists to bring free speech challenges under Art 10 to Ofcom rulings against broadcast companies, and the British Army Gurkha judicial review which led to the Government’s defeat in Parliament over Gurkha veterans’ right to settle in the UK. He has appeared as lead advocate before in Grand Chamber of the CJEU, including in NS which held the UK had no opt out from the EU Charter of Fundamental Rights, and McCarthy, where he appeared as lead counsel against the Attorney General in the Grand Chamber, which held that the UK was not entitled to rely on claimed threats to UK borders to suspend free movement. ECtHR cases include Paulet, (lead counsel in the first successful Strasbourg A1, P1 challenge to confiscation under the Proceeds of Crime Act 2002). He is regularly briefed as a leading junior appearing against silks, and is expert in dealing with urgent instructions ranging from expulsion to media.

Career

Called 1994; Gray’s Inn. Doughty Street Chambers since 1998. He has also addressed conferences and seminars on judicial review, EU law, media law, asylum, immigration, and community care for organisations such as Justice, Legal Action Group, the Public Law Project, the Immigration Law Practitioners Association (ILPA), the Centre for European Legal Studies at Cambridge, and the British Institute of International and Comparative Law. He was one of the longest ever elected members of the Executive of ILPA from 2000 until he stood down in 2012 and currently represents ILPA on the user group of the Administrative Court. He has sat on Bar Council working parties.

Notable publications – Best Practice Guide to Asylum and Human Rights Appeals; regular articles for legal publishers including LAG and LexisNexis

Education

Ayr Academy; Oxford (BA Hons, law); Inns of Court School of Law.