Areas of Law

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Human Rights

R(Nicklinson) v MoJ; R(AM) v DPP [2012] EWHC 2381 (Admin). It was for Parliament to decide whether to change the law on voluntary euthanasia and the court could not alter the common law to create a defence to murder by way of necessity in the case of voluntary euthanasia. As the House of Lords and the European Court of Human Rights had ruled that a blanket ban on assisted suicide was not incompatible with the European Convention on Human Rights art.8 the same had to apply to voluntary euthanasia.

Philip Havers QC

OTHMAN (ABU QATADA) v. THE UNITED KINGDOM - 8139/09 [2012] ECHR 56

Angus McCullough QC

Special Advocate to Abu Qatada

Malcolm v Secretary of State for Justice [2011] EWCA Civ 1538

Oliver Sanders

AAO v Entry Clearance Officer [2011] EWCA Civ 840 (22 July 2011)

Decision by the Court of Appeal on whether the positive duty on the part of the state to show respect for family life under Article 8 of the ECHR extends to the provision of financial support.

Sarabjit Singh

Dobson and Others v Thames Water Utilities Ltd

David Hart QC

for the Defendants

RS (UGANDA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2011)

Neil Sheldon

(1) DIEGO ANDRES AGUILAR QUILA & AMBER AGUILAR (2) SHAKIRA BIBI & SUHYAL MOHAMMED (Appellants) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (Respondent) & (1) ADVICE ON INDIVIDUAL RIGHTS IN EUROPE (AIRE CENTRE) (2) SOUTHALL BLACK SISTERS & HENNA FOUNDATION (Interveners) (2011)

A refusal to grant a marriage visa to a foreign national, as a spouse of a person settled in the United Kingdom, where either party to the marriage was aged under 21, in accordance with the Immigration Rules r.277, breached the rights under the European Convention on Human Rights 1950 art.8 of those affected. There was insufficient evidence to establish that the interference with art.8 rights caused by the application of r.277 was justified

Angus McCullough QC

Andrea Lindsay Strugo

for the appellant

R (on the application of BHUTTA) v HM TREASURY (2011)

The disclosure requirements in proceedings challenging asset-freezing directions by way of judicial review and by appeal were those set out in CPR Pt 79, and the European Convention on Human Rights 1950 art.6 did not apply.

Angus McCullough QC

MK (Algeria) v Secretary of State for the Home Department [2010] EWCA Civ 980

Judicial review appeal to the Court of Appeal on the question of the appropriate level of damages to be awarded in cases of unlawful immigration detention.

Sarabjit Singh

For the Secretary of State for the Home Department

AO (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 1637

Judicial review appeal to the Court of Appeal on the question of whether enforcement action taken against Iraqi nationals was contrary to the Secretary of State's policy not to take such action against those belonging to countries which were 'active war zones'. Reported in the High Court as Ibrahim & Anor v Secretary of State for the Home Department [2010] EWHC 764 (Admin) (13 April 2010)

Sarabjit Singh

MD (Jamaica) & Anor v Secretary of State for the Home Department [2010] EWCA Civ 213 appeals to the Court of Appeal on the issue of the correct interpretation of the 'long residence' provisions in the Immigration Rules

Sarabjit Singh

For the Respondents

R (on the application of LONDON READING COLLEGE LTD) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2010)

Neil Garnham QC

SL (VIETNAM) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2010)

Neil Sheldon

Sanchez (Aka Zachary Tracey) v Secretary of State for the Home Department [2009] EWHC 3233 (Admin) (20 November 2009) judicial review claim before the Divisional Court on the question of whether the return of a US citizen accused of stealing toothbrushes to California, where he claimed he would face a possible life sentence under California’s 'three strikes and you’re out' legislation, amounted to exposing him to a real risk of inhuman or degrading punishment in breach of Article 3 of the European Convention on Human Rights.

Sarabjit Singh

For the Defendant

AM (Kenya), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 1009 (13 October 2009) judicial review appeal to the Court of Appeal against the decision of the Secretary of State for the Home Department to refuse to allow the appellant, a Kenyan orphan living with her aunt, to remain in the UK under a discretionary policy intended for families.

Sarabjit Singh

For the Respondent

AB, R (on the application of) v Secretary of State for Justice & Anor [2009] EWHC 2220 (Admin)

Oliver Sanders

Chahboub, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1989 (Admin) (01 July 2009)

Sarabjit Singh

For the Defendant

HS (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 771 (18 June 2009)

Sarabjit Singh

For the Respondent

Tariq (aka Tariq Mehmood), R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1390 (Admin) (19 June 2009) judicial review appeal to the Court of Appeal by a Pakistani Ahmadi, described by Ward LJ as “one of those whirligig cases where an asylum seeker goes up and down on the merry-go-round leaving one wondering when the music will ever stop”.

Sarabjit Singh

For the Defendant

RB (Algeria) and Anor v Secretary fo State for the Home Department: OO (Jordan) v Secretary of State for the Home Department [2009] UKHL 10

Angus McCullough QC

Lead Special Advocate for OO

Secretary of State for the Home Department v GG: Secretary of State for the Home Department v NN [2009] EWHC 142 (Admin)

Angus McCullough QC

For the Defendant NN

SHAKER AAMER v SECRETARY OF STATE FOR FOREIGN & COMMONWEALTH AFFAIRS (2009)

Where a Guantanamo Bay detainee sought disclosure of certain documents from the secretary of state under the Norwich Pharmacal principles to support his case before a review task force that any confessions he might have made during his detention had been induced by torture or ill-treatment, it was necessary to grant the relief as the interests at stake in the determination of the task force were so high and the potential consequences to the detainee so grave that nothing less than the opportunity to make reasoned submissions as to the significance of the information the documents contained could be considered sufficient.

Angus McCullough QC

SECRETARY OF STATE FOR THE HOME DEPARTMENT (Appellant) v (1) AF (2) AM (3) AN (Respondents) : AE (Appellant) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (Respondent) & JUSTICE (Intervener) (2009)

A person subject to a non-derogating control order had to be given sufficient information about the allegations against him to enable him to give effective instructions in relation to those allegations. Where the open material relied on consisted purely of general assertions and the case against the "controlee" was based solely or to a decisive degree on closed materials, the requirements of a fair trial would not be satisfied, however cogent the case based on the closed materials might be.

Angus McCullough QC

Savage v South Essex Partnership NHS Foundation Trust [2008]

Philip Havers QC

For the Respondent

Angus McCullough QC

For the Appellants

Kokulan, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 3075 (Admin) (12 November 2008)

Sarabjit Singh

For the Defendant

Koimon, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2733 (Admin) (24 October 2008)

Sarabjit Singh

For the Defendant

PB, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 364 (Admin)

Sarabjit Singh

On behalf of the Defendant

Secretary of State for the Home Department v (1) E (2) S (2007) EWCA Civ 459

Angus McCullough QC

Appeared as Special Advocate

Goodson v HM Coroner for Bedfordshire - Inquests

Philip Havers QC

for the Interested Party

Kahn v RAF Summary Appeal Court - Conscientious Objection

Philip Havers QC

for the RAF

Independent Publishing v Attorney General of Trinidad and Tobago - Freedom of Information

Philip Havers QC

Cooper v UK - Fair Trial in Military tribunals

Philip Havers QC

for the Government

Grieves v UK - Fair Trial in Military tribunals

Philip Havers QC

for the Government

Wilson v First County - Right to Property

Philip Havers QC

Dennis & Dennis v MOD - Environment

David Hart QC

for the Claimant

McKenna and others v British Aluminium Ltd - Environment

David Hart QC

for the Defendant

Pretty v DPP - Right to Life and Self-Determination

Philip Havers QC

for the Claimant

Preiss v General Dental Council - Fair Trial in medical and dental disciplinary tribunals

James Badenoch QC

for the Defendant

Z v UK [2001] 2 FLR 612

European Court of Human Rights application of articles 3, 6 and 13 to situation arising out of the X v Bedfordshire CC litigation.

Kuddus v Chief Constable of South Leicestershire Police - Damages

Guy Mansfield QC

for the Defendants

R v Spear and Hastie - Fair Trial in Military tribunals

Philip Havers QC

For the defendants

Hall v Simons - Fair Trial and forensic immunity

David Balcombe QC

William Edis QC

for the Claimants

Nwabueze v General Dental Council - Fair Trial in medical and dental disciplinary tribunals

David Foskett QC