Rosemary Davidson > Chambers of Simon Denison KC > London, England > Barrister Profile

Rosemary Davidson

020 3301 0910 rosemary.davidson@6kbw.com View profile

Position

Rosemary is a highly sought after junior with a wide practice encompassing the fields of: international cooperation (extradition, mutual legal assistance and Interpol requests); public law; human rights; criminal law (domestic and international); immigration; and inquests and inquiries. Within those specialisms, she has particular expertise in the areas of national security, sanctions and public law claims arising in the context of the criminal justice system (prisons, police, prosecution decisions and extradition). She is recognised for her strong intellect and her eye for detail: “So rigorous and detailed. She never gives up and doesn’t let any tiny loose ends go. Everything gets pulled together and tidied up.” Chambers & Partners

Rosemary is recommended as a leading junior in the areas of extradition and public law and has appeared in a wide range of high profile and significant cases in these practice areas. Her recent cases of note include: R (W80) v Independent Office for Police Conduct in which the Court of Appeal ruled on the applicable test for self-defence in police disciplinary proceedings; R (X) v Secretary of State for Justice, a judicial review challenge concerning the extension of a custodial term and the use of closed material in the youth court; and Hafeez v United States, the leading extradition case on Article 3 in the context of life without parole.

Extradition and Mutual Legal Assistance

Rosemary is one of the leading juniors in the field of extradition (Legal 500, 2020), with over a decade of experience and a comprehensive knowledge of extradition law and practice. She represents requested persons, judicial authorities and requesting governments in all stages of contested extradition proceedings in the UK, as well as advising individuals and foreign governments in relation to UK extradition requests. She also has extensive experience of domestic cases where specialty/abuse of process issues arise as a result of the defendant’s extradition.

Rosemary has particular expertise in Part 1 cases involving issues of EU law, and complex Part 2 cases involving human rights issues or political prosecutions. Her expertise in public law is asset in complex extradition cases, including those involving asylum or other immigration issues, or concurrent judicial review proceedings.

Rosemary regularly advises individuals and Government bodies in relation to mutual legal assistance requests and acts in public law cases in which MLA requests are litigated.

Rosemary has provided expert evidence on UK extradition law in foreign legal proceedings and has given evidence to the House of Lords EU Home Affairs Select Committee in relation to the impact of Brexit on the UK’s extradition arrangements.

Rosemary has written widely about extradition and is the co-author and co-editor of the Extradition and Mutual Legal Assistance Handbook (Oxford University Press). She has contributed chapters on extradition to Rechtshilferecht in Strafsachen (Lexis Nexis) and EU Law in Criminal Practice (Oxford University Press).

Rosemary has extensive experience of advising and assisting individuals who are, or may be, the subject of an Interpol notice, including making applications to Interpol for the deletion of data.

Public and Administrative Law

Rosemary is recommended as a leading junior in this field: “if you need something done, it’ll get done and it’ll be really, really good” (Chambers and Partners, 2020).

Rosemary has extensive experience acting for and against public bodies in judicial review claims and statutory appeals and she frequently appears in high profile and complex cases. She has particular expertise in judicial review cases that arise in the criminal justice context.

Terrorism/ National Security

Rosemary has appeared in a wide range of terrorism cases in both the criminal and the civil context. Her experience encompasses high-profile terrorism prosecutions, as well as national security deportations before the Special Immigration Appeals Commission, control order/TPIM cases in the High Court, and civil claims involving national security aspects. She is a contributor to National Security Law, Procedure and Practice (OUP, 2021).
Rosemary’s notable cases in this context include Al Rawi and Ors (the Guantanamo Bay litigation); Othman (the Abu Qatada deportation); MA and CF (the first civil claim in which the closed material process under the Justice and Security Act 2013 was used); and Kamoka and Ors (allegations of UK complicity in rendition and torture).

Rosemary also acts as counsel to the tribunal in cases before the Investigatory Powers Tribunal.

Criminal Litigation and International Criminal Law

Rosemary is a criminal law specialist and trial advocate. She has particular expertise in terrorism cases, and cases involving extradition/immigration issues. Her recent experience includes:

• R v Umerji – the Court of Appeal considered whether a defendant is required to be present at the section 51 sending hearing
• R v W – the Court of Appeal ruled on the meaning of section 146 of the Extradition Act 2003 (speciality provisions)

Rosemary’s criminal practice often encompasses issues of international law and she advises NGOs and other grass roots organisations on international criminal law issues in general, and in particular on the use of domestic criminal law to prosecute international crimes. In the asylum context, Rosemary has particular expertise in the application of international criminal law in Refugee Convention exclusion cases.

In 2002 Rosemary completed an internship with the International Criminal Tribunal for Rwanda.

Inquests and Public Inquiries

Rosemary has extensive experience in the field of Inquests and Public Inquiries. She spent five years as junior counsel to the Home Office in the Undercover Policing Inquiry, during which time she oversaw an extensive disclosure exercise and represented the Home Office at a number of hearings.

Rosemary has also appeared in inquests and has particular experience of cases involving deaths in custody.

Sanctions

Rosemary advises individuals and Government departments in relation to international sanctions, and Chambers and Partners has noted that Rosemary is “particularly knowledgeable” in this field.

Rosemary has extensive experience of domestic judicial review challenges in relation to international sanctions. Her notable cases include R (Bredenkamp) v Foreign and Commonwealth Office [2013] EWHC 2480 (Admin); National Iranian Tanker Company v Foreign and Commonwealth Office [2015] EWHC 282 (Admin); and R (Khaled) v Foreign and Commonwealth Office [2017] EWHC 1422 (Admin).

Career

• Attorney General’s Panel for Civil Litigation (Panel A)
• Crown Prosecution Service Prosecutor (Grade 3) (general crime; serious crime; extradition)

Memberships

• South Eastern Circuit
• Constitutional and Administrative Law Bar Association (ALBA)
• Extradition Lawyers’ Association
• Defence Extradition Lawyers Forum
• Bar Pro Bono Unit

Education

• University College London, LLM (Distinction), Public Law and Human Rights
• Ludwig Maximilians Universität, Munich
• Balliol College, Oxford, BA Hons, Jurisprudence