Oliver Sanders KC

Public Law

Oliver 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

• 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.