The Undercover Policing Inquiry will begin to hear evidence again today, 21 October 2024, having heard opening statements last week - Oct 2024
Oliver Sanders KC specialises in: public law and human rights, including national security, extremism and investigatory powers; data protection, privacy and information law; inquests, inquiries and investigations; breach of confidence; and contempt of court.
He is a member of the Bar Pro Bono Scheme and the Inner Temple Advocacy Training Programme and has given lectures to various government and non-government clients, the Justice / Sweet and Maxwell FOI Conference and the ALBA Summer Conference.
In 2023 Oliver received a Legal Aid Lawyer of the Year Outstanding Achievement Award, the highest honour the LALYs can give, as part of the team who represented the family of Molly Russell at the inquest into her death.
Before joining chambers in 2004, Oliver spent seven years in the Government Legal Department working on the Northern Ireland peace process, prisons matters, public law litigation and the Hutton Inquiry.
Public LawOliver acts for claimants and defendants in a wide variety of contexts. In addition to the contentious work referred to below, he has undertaken specialist advisory work for government on articles 2-3 and 5 of the ECHR, Crown immunity and Crown proceedings, the Equality Act 2010, new schools and academies (including free and grammar schools) and the forfeiture of pensions.
In the national security context, he has acted for the intelligence services, government, the police and oversight bodies in relation to: breach of confidence and injunction claims; closed material procedures and public interest immunity; contempt of court; extremism, including in education; investigatory powers and data protection; mediations; and reporting restrictions.
He has also acted for MOD on dozens of cases under the special forces confidentiality contracts, including 12 injunction claims and a judicial review.
Selected Cases
- Northern Ireland Sec v Coroner Fee [2024] NICA 39: public interest immunity and legacy inquests.
- R (Craighead) v Defence Sec [2023] EWHC 2413 (Admin): Block on special forces memoir.
- R (Craighead) v Defence Sec [2023] EWHC 1804 (Admin): Open justice and private hearings.
- Attorney General v BBC [2022] EWHC 826 (QB): Confidentiality, national security, risks to life and MI5.
- Attorney General v BBC [2022] EWHC 380 (QB): Open justice and national security.
- R (UCPI Designated Lawyer Officers) v Chairman of UCPI [2021] EWHC 247 (Admin): Unlawful decision.
- R (Butt) v Home Sec [2019] EWCA Civ 256: Prevent duty & universities.
- R (Da Silva) v Chairman of UCPI [2019] EWHC 426 (Admin): Anonymity.
- R (Coll) v Justice Sec [2017] UKSC 40: Approved premises for women.
- LL v Lord Chancellor [2017] EWCA Civ 237: Flawed committal and article 5.
- Ministry of Defence v Maclachlan [2016] EWHC 3733 (QB): Special forces confidentiality contracts.
- R (O'Connor) v Aldershot Magistrates [2016] EWHC 2792 (Admin): Access to justice.
- NHS BSA v Williams [2016] EWHC 1952 (Ch): Nursery nurse pensions.
- R (ILPA) v Tribunal Procedure Committee [2016] EWHC 218 (Admin): Immigration appeal procedures.
- Lord Chancellor v Detention Action [2015] EWCA Civ 840: Detained fast track appeal procedures.
- Webster v Lord Chancellor [2015] EWCA Civ 742: Flawed summing up and articles 5-6.
- Wright v Lord Chancellor [2015] EWHC 1477 (QB): Flawed sentencing and article 5.
- R (Al-Fawwaz) v Home Sec [2015] EWHC 468 - 469 (Admin): Closed material procedures.
- R (Al-Fawwaz) v Home Sec [2015] EWHC 166 (Admin): NCND and mutual legal assistance.
- R (Bentham) v Justice Sec [2014] EWHC 2469 (Admin): Probation exclusion zones.
- R (Green) v Justice Sec [2013] EWHC 3491 (Admin): Transsexual prisoners.
- R (T (Sri Lanka)) v Home Sec [2013] EWHC 1093 (Admin): Immigration.
- Re a complaint of surveillance [2013] UKIPT A1: Meaning of “surveillance” under RIPA.
- R (Simpson) v Home Sec [2012] EWHC 808 (Admin): Police pensions.
- Malcolm v Justice Sec [2011] EWCA Civ 1538: Prison exercise regimes.
- Ahmad v Brent LBC [2011] EWHC 80 (QB): Lifer recalls.
- Morgan v Ministry of Justice [2010] EWHC 2248 (QB): Prison healthcare and "victim" status under article 2.
- R (AB) v Justice Sec [2009] EWHC 2220 (Admin): Transsexual prisoners.
- JS (Colombia) v Home Sec [2008] EWCA Civ 1238: Deportation.
- Moore v SST [2008] EWCA Civ 750: Francovich damages and limitation.
- Home Sec v Lord Alton of Liverpool [2008] EWCA Civ 443: Proscribed organisations.
- Ministry of Defence v Griffin [2008] EHWC 1542 (QB): Special forces confidentiality contracts.
- E v Home Sec [2007] EWHC 2232 (Admin): Control orders.
Acting for interested persons (including families, healthcare professionals and private and public sector bodies) and coroners in connection with inquests into healthcare and hospital deaths, deaths in custody (prison, police, immigration and mental health), workplace and road traffic accidents, service deaths and related claims in tort and under article 2 of the ECHR.
Selected Cases
- Re Molly Russell: Children and online harms.
- Re Paul Craig & Others: Guildford Pub Bombings 1974.
- Re Stuart Fuller: HIV and HCV contaminated blood products.
- Re LCpl Brynin: Friendly fire.
- Re Eystna Blunnie: Domestic homicide.
- Re Private Lomas: White water rafting.
- Re Jimmy Mubenga: Deportation restraint.
- Re Rhiya Malin: Nursery playground accident.
- Re Michael Harland: RAF Tornado ejection seat malfunction.
- Re Cpl Bryant & Others: Snatch Landrover IED.
- Re Able Seaman Johnstone: Navy diving accident.
- Re Godfrey Moyo: Prison restraint.
- Re Flt Lt Sale & Others: RAF helicopter crash.
- Re Lt Cole & Others: Navy helicopter crash.
- Re Capt Wright: SAS parachute accident.
Oliver acted for Number 10 witnesses in the Hutton Inquiry and has been heavily involved in the Undercover Policing Inquiry since 2017. In the latter, he is acting for a core participant group comprising more than 110 former Met Police members of the Special Demonstration Squad and National Public Order Intelligence Unit.
He has also worked on other statutory and non-statutory investigations, inquiries and reports including as counsel to the Intelligence Services Commissioner (Michael Adebolajo torture claims) and Operation Kenova (Northern Ireland legacy cases).
Selected Cases
- Undercover Policing Inquiry: Leading counsel for the Designated Lawyer Officers.
- Operation Kenova: Interim Report on ‘Stakeknife’ Investigation.
- Operation Mizzenmast: Investigation into the death of Jean Smyth-Campbell in 1972.
- Intelligence Services Commissioner: Report on the government’s responsibilities in relation to partner counter-terrorism units overseas.
Oliver acts for private individuals and organisations, charities, government, the police and other public authorities in connection with: compliance issues, requests, appeals and claims arising under the UK GDPR, the Data Protection Acts 1998 and 2018 and the Freedom of Information Act 2000; and privacy-related claims for misuse of private information and breach of article 8 of the ECHR.
In addition to the cases referred to below, he has advised on data and privacy issues in the context of: accidental disclosures; adoption information cases; bulk personal datasets; credit investigations and reports; health data; investigatory powers and surveillance; media and television reports; online harms; information in open sources and on the dark web; press releases; the Register of Companies; security and intelligence databases; scientific research; telephony and switchboard services; the use of and unauthorised access to personal email accounts in the workplace; vetting information; and voyeurism offences.
Selected Cases
- R (Butt) v Home Sec [2019] EWCA Civ 256: Prevent duty & universities.
- Home Sec v TLU [2018] EWCA Civ 2217: Online data breach.
- Willow v Info Commr [2017] EWCA Civ 1876: Restraint of juveniles.
- TLT v Home Sec [2016] EWHC 2217 (QB): Online data breach.
- Youssef v Info Commr [2016] UKFTT EA/2016/0185 (GRC): First Lady of Syria.
- Crook v Info Commr [2016] UKFTT EA/2015/0224 (GRC): WW2 intelligence.
- DWP v Info Commr and Gale [2015] UKUT 599 (AAC): EU infraction proceedings.
- Home Office v Info Commr and Cobain [2015] UKUT 0027 (AAC): Deprivation of citizenship.
- MXA v Harrow LBC [2014] EWHC 3756 (QB): Data protection.
- McIntrye v Info Commr [2014] UKFTT EA/2013/0093 (GRC): Extremist material online.
- Stevenson v Info Commr [2013] UKUT 181 (AAC): Hospitals.
- Home Office v Info Commr and John O [2013] UKFTT EA/2011/0265 (GRC): Immigration lists.
- Platts v Info Commr [2013] UKFTT EA/2012/0190 (GRC): Whether information “held”.
- Wynn v Info Commr [2012] UKFTT EA/2011/0084 (GRC): Equitable Life.
- Pragnell v Info Commr [2012] UKFTT EA/2011/0279 (GRC): Royal papers FOIA amendments.
- Veer v Info Commr [2012] UKFTT EA/2011/0255 (GRC): Cabinet minutes.
- Weiss (AIRE Centre) v Info Commr [2012] UKFTT EA/2011/0191 (GRC): Removal of EEA nationals.
- McGonagle v Info Commr [2011] UKFTT EA/2011/0104 (GRC): UFOs.
- Gradwick v Info Commr [2011] UKFTT EA/2010/0151 (GRC): Chemical weapons.
Oliver accepts direct access instruction from lay clients. For further information please visit his profile here.
“Stakeknife” – Report on Army Agent inside IRA published - Mar 2024
The Police Service of Northern Ireland (PSNI) has published the interim report of Operation Kenova - an independent police investigation into the Army Agent codenamed “Stakeknife” who operated...
Oliver Sanders KC successfully defends MOD decision to block special forces memoir - Oct 2023
The Administrative Court has given judgment in the case of R (Craighead) v Secretary of State for Defence [2023] EWHC 2413 (Admin) - a claim for judicial review brought by a former member of the SAS...
Oliver Sanders KC named as one of the Lawyer’s Hot 100 2023 - Jan 2023
We are delighted that Oliver Sanders KC has been recognised in The Lawyer’s Hot 100 2023. "Public law produces an exciting range of issues at the Bar, a sense that must have rung true for Oliver...
Oliver Sanders KC named The Times Lawyer of the Week - Oct 2022
We are delighted to announce that Oliver Sanders KC has been named Lawyer of the Week by The Times. Oliver acted for the family of 14-year-old Molly Russell at the inquest into her death. She died...
Coroner in Molly Russell Inquest rules that Meta and Pinterest must send executives to give evidence in person - Sep 2022
Senior Coroner Andrew Walker has ruled that executives from Meta and Pinterest must be sent from the US to give evidence at the inquest into the death of Molly Russell, a 14-year-old who took her own...
Guildford Pub Bombing inquests brought to a close 48 years after IRA attack - Jul 2022
The inquests investigated the deaths of four young army recruits and one civilian who died in a Provisional IRA bomb attack on the Horse and Groom Public House in Guildford on 5th October 1974. After...
Guildford Pub Bombing Inquests: Evidence Hearings Begin - Jun 2022
The Guildford Pub Bombing inquests began hearing evidence today at the Surrey Coroner’s Court in Woking. Oliver Sanders QC is leading Matthew Flinn and Alice Kuzmenko as counsel to the inquests. ...
Attorney General seeks injunction against BBC in national security case - Mar 2022
The High Court will hear the Attorney General’s application to restrain the BBC from publishing a news report naming an alleged MI5 agent this week. Part of the hearing will take place in a secret...
Coroner in Molly Russell Inquest concerned that more children at risk - Feb 2021
Facebook and Instagram last year disclosed suicide and self-harm related content engaged with by Molly Russell in the six months prior to her death. Pinterest already disclosed similar materials...
Oliver Sanders QC and Matthew Flinn act in Guildford Pub Bombings inquest - Dec 2020
Oliver Sanders QC and Matthew Flinn are acting as Counsel to the Inquest for investigations into the deaths of five young people, who were killed in the bombing of the Horse and Groom Pub in Guildford...
Undercover Policing Inquiry’s hearings begin today - Nov 2020
Today, 2nd November, the Undercover Policing Inquiry starts its hearings with seven days of live-streamed opening statements, followed by seven days of evidence hearings. The full schedule and how the...
Oliver Sanders QC called to the Bar of Northern Ireland - Oct 2020
Congratulations to Oliver Sanders QC who was called to the Bar of Northern Ireland via a remote ceremony today, Friday 23rd October 2020. Oliver’s connections with Northern Ireland date back to...
Disclosure of images made in advance of the inquest into Molly Russell’s death - Sep 2020
Facebook and Instagram have disclosed suicide and self-harm related images viewed by Molly Russell in the six months prior to her death. The photo-sharing site Pinterest had already disclosed similar...
Oliver Sanders QC talks emerging tech with Law Commissioner Sarah Green in Counsel Magazine - May 2020
In the June issue of Counsel Magazine, Oliver Sanders QC interviews Professor Sarah Green, the new Law Commissioner for Commercial and Common Law. They discuss how her background in coding has...
1COR hosts Sutton Trust students for an insight into life at the Bar - Oct 2019
What is a barrister? 1COR hosts Sutton Trust Pathways to Law students to give them a glimpse into life at the Bar. 1COR, led by Head of Outreach Jo Moore, welcomes Sutton Trust students to learn...
Hill Dickinson’s Healthcare Hub – Medical Lecture Series: AI in healthcare; using data to improve clinical outcomes with Oliver Sanders QC - Sep 2019
AI is increasingly making great advances in health and care. This free seminar run by the Hill Dickinson Healthcare Team will explore how AI is being used to drive improvement in patient outcomes and...
Oliver Sanders QC and Amelia Walker in Court of Appeal extremism case - Mar 2019
The Court of Appeal (the Master of the Rolls and Sharp and Irwin LJJ) has handed down judgment in the case of R (Butt) v Home Secretary [2019] EWCA Civ 256 following a two day hearing in December...
Oliver Sanders QC and Dominic Ruck Keene analyse Big Brother Watch & Others v UK in the latest issue of Counsel Magazine - Nov 2018
In the latest edition of Counsel Magazine, Oliver Sanders QC and Dominic Ruck Keene examine the recent European Court of Human Rights (ECtHR) judgment in Big Brother Watch & Others v UK, the...
Oliver Sanders QC and Michael Deacon in online data breach appeal - Jul 2018
Following a recent hearing, the Court of Appeal has given judgment in the case of Home Secretary v TLU [2018] EWCA Civ 2217. The case arose out of damages claims for misuse of private information...
The Sutton Trust’s ‘Pathways to Law: Introduction to Law’ at the London School of Economics - Jan 2018
Yesterday, Oliver Sanders QC, Sarah Lambert and Michael Paulin spoke about their own journey to the Bar as part of The Sutton Trust's 'Pathways to Law: Introduction to Law' event held at the London...
Oliver Sanders QC successful in Court of Appeal case about FOIA and restraint of children - Nov 2017
The President of the Queen's Bench Division, Sir Brian Leveson, gave the lead judgment in Willow v Information Commissioner & Ministry of Justice [2017] EWCA Civ 1876. The appellant, Carolyne...
The Times reports on Chambers extremism cases - Jun 2017
Frances Gibb has written in The Times (」) about the number of cases being heard in the Family Division concerning extremism. The piece features quotations from Mr Justice Hayden in A Local Authority...
Oliver Sanders QC in Supreme Court equality case about probation hostels for women - May 2017
Across the country there are 94 "approved premises" for men and six for women, reflecting the overall 19:1 ratio of male:female prisoners. However, the smaller number of hostels for women offenders...
Oliver Sanders QC in Court of Appeal case about damages for judicial mistakes - Apr 2017
The Court of Appeal gave judgment in LL v Lord Chancellor [2017] EWCA Civ 237 on 10 April 2017 (Longmore, Jackson and King LJJ). The case concerned a claim for damages brought against the...
Oliver Sanders QC and Shaheen Rahman QC take Silk - Feb 2017
13th February 2017 was QC appointment day, and Oliver Sanders and Shaheen Rahman, accompanied by their families and Senior and First Junior Clerks Matthew Phipps and Andrew Tull, travelled to...
New QC Appointments Announced Oliver Sanders and Shaheen Rahman - Jan 2017
Two of our Members, Oliver Sanders and Shaheen Rahman, have been advised that they will be appointed Queen's Counsel on 13 February 2017. The full report, including press release and full appointment...
Oliver Sanders and Amelia Walker in counter-extremism judicial review - Dec 2016
The claimant, Dr Salman Butt, is challenging the lawfulness of two features of the Home Secretary's counter-extremism strategy - the Prevent Duty Guidance on external speakers at universities and the...
Oliver Sanders obtains injunction in SAS media case - Nov 2016
Oliver Sanders is acting for the Ministry of Defence in a breach of contract claim against Colin Maclachlan. Mr Maclachlan is a former SAS member who has appeared on Channel 4 and Channel 5 and whose...
Oliver Sanders and Michael Deacon in case about online data breach - Nov 2016
Oliver Sanders and Michael Deacon recently acted for the Home Office in an important misuse of private information and data protection case. The claims were brought by six individuals following the...
Oliver Sanders in white water rafting inquest - Oct 2015
Oliver Sanders acted for the Ministry of Defence at the recent inquest into the tragic death of Private John Lomas, who drowned during the course of a military adventurous training exercise in Austria...
Oliver Sanders successful in Court of Appeal challenge over probation hostels for women - Apr 2015
Oliver Sanders acted for the Justice Secretary in this judicial review which challenged the availability and distribution of probation hostels for women (aka approved premises). Across the country...
Oliver Sanders successful in ground-breaking judicial review arising out of US terror trial - Mar 2015
Oliver Sanders acted as junior counsel for the Home Secretary in a case under Pt 2 of the Justice and Security Act 2013. On 2 March 2015, the Divisional Court handed down a series of judgments in R...
Oliver Sanders acts for Ministry of Justice in judicial review about probation hostels for women - Jan 2014
Oliver Sanders acted for the Justice Secretary in this judicial review brought by two female indeterminate sentence prisoners challenging the availability and distribution of probation hostels for...
Oliver Sanders acts for the Ministry of Justice in judicial review about items for transsexual prisoner - Jan 2014
Oliver Sanders acted for the Justice Secretary and HMP Frankland in this judicial review brought by a male-to-female transsexual prisoner. The claimant, Kimberley-Jade Green, formerly known as Craig...
Oliver Sanders and Andrea Lindsay Strugo act for the Government in Jimmy Mubenga inquest - May 2013
Mr Mubenga died at Heathrow on 12 October 2010 after being restrained by G4S escorts on board a BA aeroplane during the course of his planned deportation to Angola. This was the first ever death of...
Oliver Sanders in successful FOIA appeal for Home Office on immigration country lists - Apr 2013
The Information Tribunal gave judgment for the Home Office on 10 April 2013 in a case under the Freedom of Information Act 2000 concerning confidential lists of countries connected with high levels of...
New Appointments to the Attorney General’s A, B and C Panels – February 2013 - Feb 2013
We are delighted to announce the following new appointments to the Attorney General's Panels - Owain Thomas to the A Panel (a re-appointment), Amy Mannion and John Jolliffe to the B Panel and Caroline...
Oliver Sanders and Matthew Flinn defend the SFO over Equitable Life papers - Sep 2012
The Information Tribunal has ruled in favour of the Serious Fraud Office in an appeal under the Freedom of Information Act 2000 regarding disclosure of its Equitable Life investigation files. In...
New Appointments to the Attorney General’s A, B and C Panels – February 2012 - Feb 2012
We are delighted to announce the following new appointments to the Attorney General's Panels - Oliver Sanders to the A panel, Robert Wastell to the B panel and Adam Wagner to the C panel. The 23...
Oliver Sanders acts for MOD in Snatch Land Rover inquest - Mar 2010