Areas of Law 

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Public Law

Significant cases in this area of law include:

Health law

Appeared on both sides in JR’s into hospital service reconfigurations. including Royal Brompton Hospital; North West London Hospital; Save Lewisham Hospital; Save our Surgery and Chase Farm Hospital. (2012-13)

R (on the application of Milner) v South Central Strategic Health Authority [2011] EWHC 218 (Admin)(Consultation process regarding the flouridation of water supplies).

R (on the application of March) v Secretary of State for Health [2010] EWHC 765 (Admin) (challenge to Government scheme for Ex Gratia payments to patients infected with HIV and Hepatitis C as a result of contaminated blood products).

Compton v Wiltshire PCT [2008] EWCA Civ 749 (Jurisdiction to make Protective costs Orders in public law cases.)

Savage v South Essex partnership NHS Foundation Trust [2007] EWCA Civ 1375.( Art 2 and failure to take reasonable measures to prevent the risk of suicide of a patient.)

Immigration and Asylum

R(B) v SSHD [2013] EWHC (Admin) (legality of removing Muslim asylum seekers to France in light of French ‘burka ban’ law.)

Francis v SSHD [2013] EWHC 2115 (Admin) (Statutory defence against damages claim for unlawful immigration detention).

Ekaterina Zatuliveter v SSHD 2011 UKSIAC 103/2010 (former parliamentary assistant who faced deportation proceedings as a result of alleged spying).

AAO v Entry Clearance Officer [2011] EWCA Civ 840 (Financial dependency in establishing family life under art 8).

R (on the application of BA) v SSHD [2011] EWHC 2748 (Admin) (Detention of a deportee suffering from mental health problems).

R (on the application of NORI) v SSHD [2011] EWHC 1604 (Admin) (Application of Government policy to Afghan asylum seekers).

R (on the application of Quila) v SSHD [2011] UKSC 45 (Challenge to immigration rules intended to combat forced marriages).

R (on the application of Atapattu) v SSHD [2011] EWHC 1388 (Admin) (Liability of the Home Secretary for withholding a passport).

HS (Palestinian – return to Gaza) Palestinian Territories CG [2011] UKUT 124: A country guidance case before the Upper Tribunal (Immigration and Asylum Chamber) concerning whether the conditions in Gaza are such as to amount to persecution or breach of the human rights of returnees or place them in need of human protection.  The Tribunal found that it did not.  I represented the Secretary of State for the Home Department.

SSHD v Lord Alton of Liverpool [2008] EWCA Civ 443: Appeal against decision of Proscribed Organisations Appeal Commission quashing refusal to deproscribe the People's Mojahadeen Organisation of Iran

R (on the application of PB) v SSHD [2008] EWHC 364 (Unlawful detention of a Cameroonian asylum seeker.)

R (Khan) v SSHD [2008] EWHC 1367  (Duty of candour in claims for judicial review)

Baiai v SSHD [2007] EWCA Civ 478.  (Art.12 and the scheme introduced by the Home Office to limit the rights of those subject to immigration control to enter into marriage)

Terrorism

Bank Mellat v Her Majesty's Treasury (Nos. 1 and 2) [2013] UKSC 38 and UKSC 39 (Challenge to an order made under the financial restrictions (Iran) order 2009)

Othman (Abu Qatada) v SSHD (Appeal allowed) [2012] UKSIAC 15/2005_2 (Deporting an immigrant to face a trial overseas in breach of Art 6).

L1 v SSHD EWCA Civ 906 (Lawfulness of deprivation of citizenship while subject is out of the country).

Al-Rawi v Security Service [2011] UKSC 34 (Use of closed material procedure in a civil damages claim).

Shaker Aamer v Secretary of State for Foreign & Commonwealth Affairs [2009] EWHC 3316 (Admin)(Disclosure of sensitive information under Norwich Pharmacal principles).

SSHD v F [2009] UKHL 28 (information given to individuals subject to control orders about the case against them).

Prison Law

R (Osborn and others) v Parole Board [2013] UKSC 61 (Right to an oral hearing before the Parole Board)

R (Sturnham) v Parole Board [2012] EWCA Civ 452 (Damages for delay in considering release, and test to be applied by the parole board)

Environmental

R (on the application of Birch) v Barnsley Metropolitan Borough Council [2010] EWCA Civ 1180 (Environmental impact assessment - precautionary principle and EIA).

R (on the application of Garner) v Elmbridge Borough Council & ors [2010] EWCA Civ 1006 (Protective costs orders in relation to environmental decisions).

R (McCaw) v. Middlesex JJ - Div Ct, 19th June 2008  (PCOs/Aarhus, statutory nuisance)

United Utilities Water PLC v Enviroment Agency [2007] UKHL 41.  (Permits for the disposal of non-hazardous waste under the Pollution Prevention and Control (England and Wales) Regulations 2000)

 R (SRM) v. Environment Agency, Burton J, December 2006 (Definition of waste.)

Local Authorities

R (Stanley, Marshall and Kelly) v (1) MPC  [2005] HLR 8 (Publicity about anti-social behaviour orders would be ineffective unless they included photographs, names and partial addresses of those against whom the orders were made.)

R (West End Street Traders Association & anor) v City of Westminster [2004] ACD 287; (Purpose of the City of Westminster Act 1999 was to ensure that the cost of running street markets fell upon traders.)

Inquests

Secretary of State for Foreign and Commonwealth Affairs v Assistant Deputy Coroner for Inner North London [2013] EWHC 1786 (Admin) (JR of the PII decision in the inquest into the death of Alexander Litvinenko.)

Duggan v HM Coroner for Northern District of Greater London [2010] EWHC 1263 (Admin) (Whether new evidence warranted a fresh inquest).

Military

R (on the application of Mousa) v Secretary of State for Defence [2011] EWCA Civ 1334 (Challenge to the independence of the Iraq historic allegations team).

Ministry of Defence v Ben Griffin [2008] EWHC 1542 (Breach of confidence claim against former member of the SAS, discharged after refusing to return to Iraq, who made unauthorised disclosures and statements about his service and the conduct of US forces)

Regulatory proceedings

R (Patel) v GMC [2013] 1 WLR 2801 (Legitimate expectation and retrospective change of GMC registration criteria)

D v General Medical Council [2013] EWHC 2839 (Admin); (stay of disciplinary proceedings on grounds of delay)

R (on the application of Bonhoeffer) v GMC [2011] EWHC 1585 (Admin) (Admission of hearsay evidence in disciplinary proceedings).

R (on the application of Michalak) v GMC [2011] EWHC 2307 (Admin) (Power of the Fitness to Practise Panel to substitute a panel member).

R (on the application of Rycroft) v Royal Pharmaceutical Society of Great Britain [2010] EWHC 2832 (Admin) (Whether a delay in referring to an investigatory panel justified proceedings being stayed).

Tax JR

GSTS Pathology LLP, R (on the application of) v Revenue & Customs [2013] EWHC 1801 (Admin) (Legitimate Expectation of continued tax treatment of pathology supplies to the NHS; interim relief).

R (on the application of Minister for Economic Development of Jersey) v Revenue and Customs Commissioners [2012] EWHC 718 (Admin) (Abolition of low value consignment relief on imports from the channel islands).

R (Checkprice (UK) Ltd (in Administration) v HMRC [2010] EWHC 682 (Admin) (Damages for conversion of alcohol products detained by HMRC for custom duty inspection)

R (Corktech) v HMRC [2009] EWHC 785 (Admin) (JR on grounds of alleged failure to apply extra statutory concession).

EB Central Services v. HMRC [2008] EWCA Civ 486:  zero rated supplies of left luggage

R (IDT Card Services Ireland Ltd) v HMRC [2006] STC 1252: (challenge to Commissioners' stated intention to tax intermediate suppliers of telephone cards, application of Marleasing principles to interpretation of domestic statute.)

 

 

 

 

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