Congratulations to our seven members appointed to the Attorney General’s Panel of Counsel - Sep 2024
Jonathan Metzer has a broad practice spanning all areas of 1 Crown Office Row’s work, with particular expertise in public and human rights law, asylum and immigration, inquests and public inquiries, clinical negligence, personal injury and tax. He has considerable advocacy experience across a wide range of courts and tribunals.
Jonathan is recognised as an up and coming junior by Chambers & Partners and as a rising star by The Legal 500 in several areas of practice.
Jonathan is a member of the UK Human Rights Blog’s editorial team.
In the autumn of 2019, Jonathan undertook a six-week scholarship in the USA as a Pegasus Scholar through the Pegasus Trust and the American Inns of Court, where he experienced a full cross-section of the US legal system at both federal and state level through an extensive programme in Washington DC, California, Virginia, Wyoming, Colorado and Maryland.
In 2018 Jonathan was nominated as Young Pro Bono Barrister of the Year at the Bar Pro Bono Awards.
Before coming to the Bar, Jonathan achieved Double First Class Honours in Classics at Oxford University and then completed the Graduate Diploma in Law and the Bar Professional Training Course at City University, for which he was awarded several scholarships. He also undertook voluntary work at The Death Penalty Project, Simons, Muirhead & Burton LLP, and worked on a pro bono basis for the School Exclusion Project, acting as lay legal representative for the parents of excluded pupils at hearings in front of school governors and independent review panels.
Clinical NegligenceJonathan is regularly instructed by both claimants and defendants in a broad range of complex clinical negligence work. He appears at case management hearings, applications and infant approval hearings. He also regularly prepares pleadings and advises in conference and in writing.
Selected Cases
- Advised in conference regarding claim for injuries arising from retained products of conception. Instructed by claimant.
- Advised in conference and in writing in a claim for delayed diagnosis of holoprosencephaly in an unborn baby. Instructed by claimant.
- Advised in writing on liability and quantum and undertook settlement approval hearing for a protected party claimant who alleged a negligent delay in admitting him to hospital following a major head injury, resulting in a serious haemorrhage.
- Prepared defences to claims that eye surgery was carried out without proper consenting process.
Jonathan appeared on a pro bono basis on behalf of a residents’ association at the 7 day planning inquiry into a proposed development at 68-86 Farringdon Road, London.
Human rights are a major part of Jonathan’s practice. He is developing particular expertise representing claimants in asylum and immigration cases, centred on the right to private and family life (Article 8), the right to asylum or humanitarian protection, and the prohibition on inhuman/degrading treatment (Article 3).
In his prison law practice, Jonathan advises and prepares applications for judicial review on behalf of long-sentence prisoners in cases involving the right to liberty (Article 5). Recently this has included a challenge to Coronavirus prison restrictions breaching the right to respect private and family life (Article 8).
Jonathan’s inquest practice also regularly involves human rights issues, where the right to life (Article 2) can be engaged.
As human rights issues tend to cut across different legal areas, Jonathan’s human rights practice is set out in more detail under the Immigration, Public Law and Inquests sections of his profile.
Jonathan is also a member of the UK Human Rights Blog‘s editorial team, and is recommended as a Rising Star by The Legal 500.
Jonathan has already acquired extensive experience in asylum and immigration matters. Jonathan regularly appears on behalf of claimants before the First-tier Tribunal and Upper Tribunal in claims of asylum (including cases involving conditions in Sri Lanka, Iraq, Uganda, Rwanda, Egypt and Albania), human rights (with extensive experience of cases involving Article 3 and Article 8) and appeals under the EEA Regulations . He has achieved significant successes in both the deportation and non-deportation context. He is also instructed by claimants for immigration judicial reviews and urgent injunction applications against removal (including out of hours). He regularly undertakes work preparing grounds of appeal, grounds for judicial review and pre-action letters before claim. Jon has also gained experience representing claimants in unlawful detention claims.
His written and oral advocacy on behalf of immigration claimants has been praised by Judges of the High Court, Upper Tribunal and First-tier Tribunal.
Selected Cases
Asylum
- HMMR (Iraq) v Secretary of State for the Home Department (2021): Successful appeal on behalf of Sunni Kurd from Disputed Territories under guidance in SMO and Ors [2019].
- MR v Secretary of State for the Home Department (2020): Successful appeal against deportation for criminal offending on basis of well-founded fear of persecution in Sri Lanka owing to familial connections to LTTE and evidence of significant political activity in the UK.
- NS v Secretary of State for the Home Department (2020): Successful appeal by 19 year old Sunni Kurd from Disputed Territories of Iraq under latest Country Guidance SMO and Ors [2019].
- BT v Secretary of State for the Home Department (2019): Successful appeal by a Ugandan man found to have a well-founded fear of persecution owing to his sexuality.
- CP v Secretary of State for the Home Department (2019): Successful appeal against revocation of refugee status arising out of 28-month prison sentence for participation in a large money laundering scheme.
- YK and Anor v Upper Tribunal (2018): Prepared claim for ‘Cart’ judicial review arising out of asylum appeal by a North Korean citizen unwilling to cooperate with South Korean authorities owing to concerns about her family, a matter not fully considered by existing Country Guidance. Case ongoing.
- XP v Secretary of State for the Home Department (2018): Successful appeal on the basis of fear of persecution by Sri Lankan government for perceived support for Tamil Tigers. Applicant had also been sentenced to 2 years’ imprisonment in the UK.
Immigration
- OP (Ghana) v Secretary of State for the Home Department (2021): Successful appeal on behalf of HIV-positive Ghanaian with end stage kidney disease on the basis of Article 3 under principles in AM (Zimbabwe).
- CW v Secretary of State for the Home Department (2019): Successful appeal against deportation for historic criminal offending on the basis that this would result in unduly harsh consequences for the appellant’s British citizen child, who suffered from Oral Allergy Syndrome, severe asthma and anxiety. Instructed pro bono via Advocate. Praised in the judgment, with the Judge stating that “It is worth emphasizing that Mr Metzer provided first class representation pro bono.”
- Ope v Secretary of State for the Home Department (2019): Successful appeal under Article 8 on behalf of an elderly woman dependent on her family in UK due to severe cognitive impairment. Provided advice on evidence and represented the appellant at the hearing.
- Torabally v Secretary of State for the Home Department (2019): Successful appeal under Article 8 outside the Rules on the basis of ‘more than normal emotional ties’ between the Appellant and his brother in the UK.
- LC v Entry Clearance Officer (2019): Successful appeal against refusal of entry clearance for Brazilian mother (with British citizen child) to join Scottish father in the UK.
- De Assis v Secretary of State for the Home Department (2018): Successful appeal on behalf of an unmarried partner under the EEA Regulations. Praised in the judgment for providing “an excellent skeleton argument”.
- ML and Ors v Secretary of State for the Home Department (2018): Successful appeal before the Upper Tribunal arising out of failure to apply principles relating to a ‘qualifying child’.
- Pem v Secretary of State for the Home Department (2018): Successful appeal before the FTT on the basis of family life outside the Immigration Rules.
- TR v Secretary of State for the Home Department (2018): Successfully appeared at FTT and Upper Tribunal in an appeal on the basis of private life outside the Immigration Rules in circumstances where the Legal Ombudsman had found that the claimant had received “poor service” from his previous solicitors. Instructed through the Bar Pro Bono Unit.
- EK & MN v Secretary of State for the Home Department (2018): Successful appeal against a refusal on the basis of a 'marriage of convenience'. Praised in the judgment for "A thoroughly professional attitude".
- Secretary of State for the Home Department v Gandhiraj (2017): Appeal before Upper Tribunal under Article 8 outside the Immigration Rules. Instructed through the Bar Pro Bono Unit.
Judicial Review
- AQ v Secretary of State for the Home Department (2020): Successful claim for judicial review arising from refusal of visit visa. SSHD agreed to reconsider decision following service of written grounds.
- SS v Secretary of State for the Home Department (2019): Successful claim for judicial review arising from unreasonable refusal of Article 8 claim without right of appeal. Decision withdrawn following grant of permission on the papers.
- MJ v Secretary of State for the Home Department (2018): Permission to apply for judicial review granted at oral hearing in relation to a claim that the SSHD erred in assessment of whether Section 3C Leave had been extinguished. Decision withdrawn following grant of permission.
- DC and OC v Entry Clearance Officer (2018): Successful judicial review of refusal of visit visas on the basis that the immigration interviews were conducted unfairly. Decision withdrawn and visit visas granted following consideration of written grounds.
- MC and ML v Secretary of State for the Home Department (2018): Out of hours application to the Administrative Court for an urgent injunction against removal to the Philippines. Praised by the judge for arguing “with considerable determination and ingenuity”.
- FN v Secretary of State for the Home Department (2018): Out of hours application to the Administrative Court for an urgent injunction against removal to Afghanistan. Prepared judicial review grounds and undertook telephone hearing.
- MD v Secretary of State for the Home Department (2018): Upper Tribunal judicial review arising out of defective service of a decision notice. Prepared amended grounds and undertook hearing. Subsequently instructed to prepare application for appeal out of time.
Unlawful Detention
- HAS (Iraq) v Home Office (2021): Prepared Particulars of Claim in relation to Hemmati unlawful detention damages claim. Case successfully settled.
Inquests in the Coroners’ Court are a significant part of Jonathan’s practice. He appears regularly in cases involving medical or psychiatric treatment, including cases of apparent suicide, and has extensive experience of witness handling and preparing written submissions.
Jonathan is recommended as a Rising Star by The Legal 500.
Selected Cases
- King (2021): Two-week Article 2 inquest into death of man with Down’s syndrome held under Mental Health Act. Narrative conclusion in which jury found that the deceased died due to “inadequate weight management”, “failure to diagnose obesity hypoventilation syndrome”, “inadequate consideration of the use of promethazine” and a “failure to identify the seriousness of a life-threatening situation”. Coroner made Regulation 28 report identifying total of 16 items of concern relating to two different bodies. Instructed by the family.
- Kelly (2020): Article 2 inquest with jury heard over 4 days after deceased took own life by hanging. Narrative conclusion in which jury found that the timing of a Mental Health Act assessment was inadequate, there was a failure by the ambulance crew to initiate a risk assessment on arrival at the property and that there was widespread insufficient communication between all services. Instructed by the family.
- GH (2020): 4 day Article 2 inquest with jury after deceased took own life by drowning. Jury recorded causative failings by hospital mental health nurses in assessing level of risk in days leading up to the death. Instructed by the family.
- JR (2019): 2 day inquest into a death of an elderly woman with obesity who developed a pressure sore which became septic while she was bedbound. Acted for her GP, whom the Coroner excluded from criticism in his conclusion.
- Kemp and Kemp (2019): 6 day inquest convened under Article 2 into the deaths of a married couple who were discovered with multiple stab wounds hours after the husband had been discharged from hospital after attempting suicide. Coroner recorded a narrative conclusion which included significant criticisms of the care provided at the mental health hospital trust. Instructed by the family.
- IJ (2019): Inquest arising from death of elderly women following failure by hospital trust to arrange adequate anticoagulation follow-up, amid serious allegations of abuse by care home. Instructed by the family.
- KM (2019): 2 day inquest arising out of a death after 24 hours in intensive care following a failed intubation. Represented consultant intensivist who had been subject to significant but poorly-founded criticism in the hospital trust’s serious incident report.
- JW (2018): Deceased died after a two-week period in hospital in which she did not receive a necessary operation to reattach her gastric feeding tube. Article 2 inquest with conclusion which included finding of neglect by hospital trust in three separate ways. Instructed by the family.
- DG (2018): Deceased discovered in state of asphyxiation at his local park. Conclusion of suicide recorded. Instructed by GP who had had consultation with deceased several days before his death.
- LD (2017): Deceased died after apparently jumping off cliff over the Port of Dover. Article 2 inquest with narrative conclusion. Coroner also wrote a letter to the Care Quality Commission regarding his concerns. Instructed by the family.
Jonathan is regularly instructed by claimants in immigration matters, including for judicial review (see Immigration). He is also developing a practice in prison law, where has undertaken advisory work for long-sentence prisoners in relation to potential claims for judicial review under Article 5. He has recently represented families in a legal challenge to Coronavirus prison restrictions breaching right to family life (Article 8).
He is appointed to the Attorney General’s B Panel of Civil Counsel.
Jonathan is recommended as a Rising Star by The Legal 500.
Selected Cases
- SH v Secretary of State for Justice (2021): Successful judicial review claim in relation to refusal of an oral hearing to consider security categorization of prisoner serving life sentence for murder. Permission granted at oral hearing in High Court, following which claim was settled successfully. Instructed by the claimant.
- AQ v Secretary of State for the Home Department (2020): Successful claim for judicial review arising from refusal of visit visa. SSHD agreed to reconsider decision following service of written grounds.
- SS v Secretary of State for the Home Department (2019): Successful claim for judicial review arising from unreasonable refusal of Article 8 claim without right of appeal. Decision withdrawn following grant of permission on the papers.
- MJ v Secretary of State for the Home Department (2018): Permission to apply for judicial review granted at oral hearing in relation to a claim that the SSHD erred in assessment of whether Section 3C Leave had been extinguished. Decision withdrawn following grant of permission.
- DC and OC v Entry Clearance Officer (2018): Successful judicial review of refusal of visit visas on the basis that the immigration interviews were conducted unfairly. Decision withdrawn and visit visas granted following consideration of written grounds.
- MC and ML v Secretary of State for the Home Department (2018): Out of hours telephone application to the Administrative Court for an urgent injunction against removal to the Philippines. Praised by the judge for arguing “with considerable determination and ingenuity”.
- FN v Secretary of State for the Home Department (2018): Out of hours application to the Administrative Court for an urgent injunction against removal to Afghanistan. Prepared judicial review grounds and undertook telephone hearing.
- MD v Secretary of State for the Home Department (2018): Upper Tribunal judicial review arising out of defective service of a decision notice. Prepared amended grounds and undertook hearing. Subsequently instructed to prepare application for First-tier Tribunal appeal out of time for which permission was granted.
- AN v Ministry of Justice (2017): Advice on quantum in relation to unlawful detention claim.
Jonathan has been instructed on behalf of a Core Participant in the Undercover Policing Inquiry. He is also representing HM Inspectorate of Prisons in the Brook House Inquiry.
Jonathan is recommended as a Rising Star by The Legal 500.
Jonathan is regularly instructed for a range of matters in this field, with particular focus on cases concerned alleged dishonest attempts to evade duty, but also with experience in non-restoration cases and condemnation proceedings. He is looking to develop his area of practice to include taxpayer-side work to compliment his HMRC-side practice.
Jonathan has appeared in the Court of Protection at ‘best interests’ assessments for parties in matters including the appointment of a deputy for a person without capacity and the appropriate management of a person in hospital who cannot safely be returned home due to the risk posed to themselves and others.
Jonathan has experience representing claimants in cases of serious abuse, including where there have been severe and long-lasting psychiatric injuries.
Jonathan recently appeared in the High Court representing one of the victims of Paul Gadd, also known as Gary Glitter.
Selected Cases
- Paul Gadd: acting for a claimant seeking compensation against Gary Glitter following his conviction. The claim was heard before the High Court.
Jonathan Metzer has a broad practice across all areas of chambers’ work, with particular expertise in public and human rights law, asylum and immigration, clinical negligence and inquests. He appears regularly in the County Court, the Coroner’s Court and the Immigration Tribunals, and has also undertaken hearings in the High Court. He is also recommended as a Rising Star by Legal 500.
He accepts direct access instruction from lay clients, with particular interest in immigration, public law, inquests and civil matters. For further information please visit his profile here.
Jonathan is a member of the UK Human Rights Blog’s editorial team.
Jonathan Metzer succeeds in unlawful detention trial - Aug 2024
Jonathan Metzer represented a successful claimant in a claim for damages for unlawful detention before HHJ Bloom, sitting at Central London County Court. The Claimant had entered the UK from...
Law Pod UK Ep. 191: Significant Cases of 2023 - Jan 2024
Lucy McCann, Rosalind English and Jon Metzer discuss a selection of significant legal cases from the UK over the past year. Plus: we want your feedback! Please take a couple of minutes to fill in...
Minority Report: Material Contribution or Genetics? - Oct 2023
On 5th October we are hosting a seminar discussing material contribution, underlying genetic conditions, secondary victims (including an update on Paul) and the scope of duty. This seminar is...
Jonathan Metzer appears for family at inquest concerning death of a young man with cannabis-induced psychosis - Jan 2023
Jonathan Metzer was instructed on behalf of the mother of a young man, described as highly intelligent, articulate, charming and well read, who was a heavy cannabis user and was diagnosed with...
Law Pod UK Ep. 176: Significant Cases of 2022 - Dec 2022
In this episode Rosalind English, Lucy McCann and Jon Metzer discuss a selection of significant legal cases from the UK over the past year. Law Pod UK is available on Spotify, Apple...
Inquest into drug overdose on psychiatric unit uncovers failings in care - Jun 2022
Jonathan Metzer recently represented the family of Rullson Warner at the inquest into his death on 9th March 2020 whilst on a psychiatric unit at St Ann’s Hospital in North London. The medical cause...
Inquest into death on psychiatric ward in Essex concludes - May 2022
Bethany Lilley experienced complex mental-health difficulties and had a diagnosis of Emotionally Unstable Personality Disorder (EUPD) and a history of psychiatric inpatient admissions. During her...
Jonathan Metzer and Carl Rix examine Article 2 ECHR in inquests in AvMA’s November newsletter - Nov 2021
Available to all Action Against Medical Accidents (AvMA) members, Jonathan Metzer and Carl Rix of Fosters Solicitors discuss the application of Article 2 ECHR (the right to life) at inquests in light...
Report recommends greater regulation for private care facilities - Sep 2021
Following the inquest into the death of Ben King and two other in-patients at a private hospital in Norfolk, the Norfolk Safeguarding Adults Board has published a report identifying serious failures...
Jonathan Metzer appears at inquest into death of man with Down’s Syndrome - Jul 2021
Jonathan Metzer was instructed by Carl Rix of Fosters Solicitors to represent the mother of Ben King at a two-week inquest into Ben’s death. Ben was a 32-year old man with Down’s syndrome,...
Jonathan Metzer succeeds on behalf of Ghanaian with HIV - Mar 2021
Jonathan Metzer appeared successfully via video link before the First-tier Tribunal at the appeal of a 62-year old man who is HIV positive and suffering with resultant end stage kidney disease against...
Law Pod UK Ep. 134: the significant cases of 2020 - Jan 2021
Whilst many of us would prefer not to dwell on 2020, it was a year that produced many interesting decisions. In Episode 134, Michael Spencer and Jonathan Metzer talk to Emma-Louise Fenelon about the...
Coroner makes 11 recommendations in inquest involving a stillbirth - Nov 2020
Barristers from 1 Crown Office Row appeared at the inquest into the death of a baby following a failed forceps delivery. Baby F suffered a fractured skull and it was found that his injuries implied an...
Inquest into death of Sharon Kelly concludes - Nov 2020
Sharon Kelly suffered from a long history of mental health problems, including previous suicide attempts, most recently in May 2019 which resulted in her being admitted for a period as an inpatient....
1COR Quarterly Medical Law Review – Summer 2020 – Issue 6 - Sep 2020
Welcome to the sixth issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row. Download the Summer 2020 newsletter here: 1COR QMLR - Summer 2020 - Issue 6 ...
Congratulations on our Six Members appointed to the Attorney General’s Panel of Counsel - Aug 2020
We are delighted to announce that Isabel McArdle and Matthew Hill have been appointed to the B Panel of Counsel, with Jessica Elliott, Gideon Barth, Emma-Louise Fenelon and Jonathan Metzer appointed...
Jonathan Metzer instructed in challenge to Coronavirus prison restrictions - Aug 2020
Legal action is being taken regarding restrictions on prison visits and lack of video contact available for families of prisoners since March of this year. This has significantly impacted children,...
Jonathan Metzer succeeds in asylum deportation appeal - Jul 2020
The appellant was a Sri Lankan Tamil who fled the country with his family and neighbours in four open boats after the appellant’s father had been detained and tortured on suspicion of association...
Jonathan Metzer succeeds in Iraq asylum claim - Apr 2020
Prior to the outbreak of the COVID-19 pandemic, Jonathan Metzer was successful in persuading the First-tier Tribunal that asylum should be granted to a 19 year old Kurdish appellant from a village in...
Jonathan Metzer successfully appeals “unduly harsh” deportation - Feb 2020
In a case reminiscent of others recently in the news, Jonathan Metzer was successful in an appeal on behalf of a national of Barbados who was set to be deported by the Home Office for historic...
Jonathan Metzer completes Pegasus Scholarship in the USA - Jan 2020
Jonathan Metzer has returned to Chambers after completing his six week Pegasus Scholarship in the United States. The Pegasus Scholarship programme was established to foster links between the UK and...
Law Pod UK Ep. 94: A Rogue Prorogation? - Sep 2019
Emma-Louise Fenelon talks through the recent Supreme Court ruling that prorogation was unlawful with Jonathan Metzer, Commissioning Editor of the UK Human Rights Blog, and Jo Moore, Head of Outreach...
Jonathan Metzer and Charlotte Gilmartin to travel the world as Pegasus Scholars in 2019 - Sep 2019
Congratulations to Jonathan Metzer and Charlotte Gilmartin, who have both been awarded outgoing Pegasus Scholarships for 2019. The Pegasus Scholarship Scheme is run by the Inner Temple for barristers...
1COR walk in the LLST’s London Legal Walk 2019 - Jun 2019
These 1COR boots are made for walking...in the London Legal Walk 2019! Each year 1COR raise money to provide access to justice through their support of the London Legal Support Trust (LLST). Each...
Scope of Duty and Causation: Chester v Afshar Revisited - Jun 2019
Join us for an evening looking at scope of duty and causation in medical claims based on Chester v Afshar [2005] 1 AC 134, which have come to the fore in recent cases such as Pomphrey v Secretary of...
Jonathan Metzer appears in significant double inquest in Ipswich - Apr 2019
Jonathan Metzer appeared on behalf of the family of Thomas and Katherine Kemp at a 6 day inquest at the Suffolk Coroner’s Court, in which the Coroner recorded significant criticisms of care provided...
Law Pod UK Ep. 59: The cases that defined 2018 - Dec 2018
And so we come to the end of another whirlwind year. It has gone by with worryingly rapid speed. As I write this it is hard to remember that scorching hot summer, with a Royal Wedding in bright...
Success for local residents’ association in Pro Bono Planning Inquiry - Dec 2018
Charlotte Gilmartin appeared pro bono on behalf of The Isleworth Society at an eight day planning inquiry in to a proposed residential development at the Park Road Allotment site in Isleworth. The...
Jonathan Metzer nominated for ‘Young Pro Bono Barrister of the Year’ in the Bar Pro Bono Awards 2018 - Oct 2018
1COR are delighted that Jonathan Metzer has been nominated by clients and peers for the award of ‘Young Pro Bono Barrister of the Year’. Since 1997, the Bar Pro Bono Awards have been given in...
Jonathan Metzer succeeds in Sri Lanka asylum appeal - Jun 2018
Jonathan Metzer succeeded in an appeal before the First-tier Tribunal on behalf of a Sri Lankan Tamil who feared being detained and tortured by the Sri Lankan government on the basis of perceived...
Law Pod UK Ep. 24: Right of residence under EU rules - Mar 2018
Commissioning Editor of the UK Human Rights Blog, Jonathan Metzer, discusses with Rosalind English the right of appeal against refusal of a residence card under the EU immigration rules for family and...
Jonathan Metzer succeeds in sham marriage appeal - Feb 2018
Jonathan Metzer succeeded in an appeal on behalf of a married couple at the First-tier Tribunal in EK & MN v Secretary of State for the Home Department. The Secretary of State’s decision that...
Jonathan Metzer and Charlotte Gilmartin appear in significant planning inquiry regarding proposed development - Feb 2018