1COR Quarterly Medical Law Review – Winter 2019/20 – Issue 4 - Mar 2020
David has acted in hundreds of claims for judicial review across a broad range of areas including healthcare, prison law, regulatory proceedings, education, licensing, asylum, immigration and national security matters, and often on further appeal to the Court of Appeal. He has particular expertise in cases involving direct challenges to policy changes, including issues about consultation. Many of his cases concern issues of equality and discrimination law.
He has been a member of the Attorney-General’s panel of Counsel since 2006 and was appointed to the A-Panel in 2015. He is regularly instructed in cases that are high profile, and often featured in the national press, and those which relate to very sensitive issues for his clients.
Examples of recent cases include the litigation in respect of the child refugees dispersed from the camp in Calais, Osborn in the Supreme Court on the requirements for Parole Board hearings, Sturnham in the Court of Appeal on damages for Article 5 breaches, the series of joined cases concerning reception conditions in Cyprus for asylum seekers, challenges to local authority taxi licensing policy, and challenges to the prison “book ban”. He has both challenged and defended NHS healthcare decisions in respect of hospital closures, refusal to provide treatment, and health authority reorganisations. In 2015 he was junior counsel to the IPT in the claims about GCHQ surveillance arising from the Edward Snowden leaks.
He has a thorough knowledge of all aspects of procedure for judicial review, including where urgent and immediate relief is needed from the Court.
- R (MK) v Secretary of State for the Home Department  EWHC 3573: Complex judicial review involving a systemic challenge to the speed of Home Office decision-making in respect of unaccompanied asylum-seeking children.
- BBC & Press v SSHD & AAIB  EWHC 135: High Court refusal of BBC application for Shoreham Air Crash cockpit footgage.
- Kimathi & others v FCO EWHC 2066 (QB) (02 August 2018): Instructed in the Kenyan Emergency Group Litigation (Mau Mau insurgency).
- R (Help Refugees Ltd) v SSHD  4 WLR: Defended the SSHD’s implementation of the ‘Dubs Amendment’ scheme under s.67 of the Immigration Act 2016. Issues in respect of the consultation process, the setting of the number of children to be transferred, and the process adopted.
- Citizens UK v SSHD  EWHC 2301 (Admin): Defended the SSHD’s procedures following the closure of the camp in Calais (‘The Jungle’).
- R (X) v National Probation Service  EWCA Civ 155: Lawfulness of separating terrorist offender from his children during probation period, without proceedings under the Children Act.
- SSHD v ZAT & Others  EWCA Civ 810;  1 W.L.R. 4894, and R(ZAT) v SSHD  UKUT 61 (IAC): The Calais children litigation. This was the joined cases concerning children residing in the camp known as the jungle in Calais. The legal issue was the extent to which the UK was obliged to admit those who claimed to have family in the UK, when they had not claimed asylum in France.
- R (Pour & Others) v SSHD  EWHC 401 (Admin);  2 C.M.L.R. 47: Four joined test cases which concerned whether asylum seekers can be returned to Cyprus as a safe third country, given alleged deficiencies in Cypriot procedure and facilities.
- Chief Constable for Sussex v Secretary of State for Transport  EWHC 2280 (QB): Acted on behalf of the Air Accidents Investigation Branch in this case. This was the first determination in England & Wales in respect of an application for disclosure of material protected pursuant to the Chicago Convention for use in a prosecution.
- Liberty v GCHQ & Foreign Secretary  3 All E.R. 212;  1 Cr. App. R. 24;  H.R.L.R. 7: David acted as Junior Counsel to the Investigatory Powers Tribunal the claim based on alleged mass surveillance that was brought against GCHQ.
- R (Ali) v Secretary of State for Justice  EWHC 2221 (Admin): Controversial case concerned the lawfulness of the “book ban” that prevented prisoners from receiving books and other material sent to them from outside the prison.
- R (B) v SSHD  EWCA Civ 854;  1 W.L.R. 4188: The “burka ban” case, in the Court of Appeal. This concerned whether the French burka ban prevented removal to France of a young asylum seeker who wore the burka, and would not be permitted to attend school in France.
- R (Osborn) v Parole Board  UKSC 61;  A.C. 1115;  3 W.L.R. 1020: In this case the Supreme Court gave guidance about the circumstances in which the Parole Board was required to hold an oral hearing in order to comply with its common law duty of fairness and the European Convention on Human Rights 1950 art.5(4) when determining a prisoner’s application for release or transfer to open prison conditions.
- L1 v SSHD  EWCA 906: National security appeal from SIAC: issues regarding use of closed material at the strike out stage, and whether an abuse of process to serve a deprivation decision when Appellant out of the country.
- R (Sturnham) v Parole Board & SSJ  EWCA Civ 452: Prison law: Right to damages for breach of Article 5(4) for a delayed hearing.)
- NP (Sri Lanka) v SSHD  EWCA Civ 906: Immigration: Whether Secretary of State can rely on internal relocation in an appeal to the UT, when it did not form part of their case in the original refusal or the FTT.
- R (Chen) v SSHD  EWHC 2531 (Admin): Alleged discrimination in system of accommodation support for asylum seekers.
- RS (Pakistan) v SSHD  EWCA Civ 434: Immigration / education: Students who fail their examinations cannot remain in the United Kingdom as students whilst waiting to re-sit the examinations, unless they are in the meantime attending a full-time course of study.
- SS & Others (Sovereign immunity claim – Certificate conclusive) Malaysia  UKAIT 00007: International law: refusal to extend sovereign or diplomatic immunity to the Sultan of Pahang, Malaysia under the State Immunity Act 1978 and the Diplomatic Privileges Act 1964.
David Manknell represents father at inquest into death of mental health campaigner - Feb 2020
Date set for inquest into deaths from the Shoreham Airshow Disaster - Jan 2020
David Manknell and Jo Moore successful in JR challenging Home Office decision-making - Jan 2020
Inquest opens into the death of Alex Malcolm - Sep 2019
Congratulations to David Manknell, Suzanne Lambert, Alasdair Henderson, Natasha Barnes and Paul Reynolds on their appointments to Attorney General’s Panel of Counsel - Jul 2019
David Manknell acts for AAIB in High Court refusal of BBC application for Shoreham cockpit footage - Jan 2019
The Kenyan Emergency Group Litigation is at an end - Nov 2018
Guy Mansfield QC upholds Kenya Emergency Group Litigation judgment in Court of Appeal - Oct 2018
David Manknell and Amelia Walker successful in their defence of the Dubs child refugee scheme - Nov 2017
David Manknell and Amelia Walker successfully defend challenge to the Home Office’s procedures - Sep 2017
David Manknell appears in High Court ruling on the scope of judicial review - Sep 2017
1COR Public Law Seminar – Life, Liberty & Security - Sep 2017
The Times reports on Chambers extremism cases - Jun 2017
Martin Downs in new Radicalisation Judgment about protecting older children and vulnerable adults - Apr 2017
Marina Wheeler QC in Public Interest Immunity & Radicalisation case - Apr 2017
David Manknell wins in Court of Appeal in licence conditions and family separation case - Mar 2017
Profits from the sale of the Inquest Book given to the Bar Pro Bono Unit - Nov 2016
David Manknell in Calais Children Asylum Case - Jan 2016
David Manknell appointed to the A Panel of Junior Counsel to the Crown - Jul 2015
David Manknell acting for the Investigatory Powers Tribunal in GCHQ surveillance claims - Jul 2014
David Manknell in Court of Appeal win on French burqa ban law - Jul 2014
David Manknell acting in “Edward Snowden” claims, instructed as Counsel to the Investigatory Powers Tribunal - Feb 2014
David Manknell appeared in Supreme Court cases on oral hearings before the Parole Board - Oct 2013
David Manknell in Supreme Court cases on oral hearings before the Parole Board - Apr 2013
New Appointments to the Attorney General’s A, B and C Panels – February 2013 - Feb 2013
New Appointments to the Attorney General’s A, B and C Panels – February 2012 - Feb 2012
New appointments to the Attorney General’s A, B and C Panels - Mar 2010