Philip Havers KC

Public Law

Selected Cases

• Dolan v Secretary of State for Health (Court of Appeal) (2020): Lead counsel in legal challenge to the lawfulness of the Government’s Covid-19 lockdown.
• R (W) v Caephilly County Borough Council (2020): Court of Appeal challenge to the lawfulness of the council’s decision to close/reconfigure local leisure facilities.
• Dulgheriu v London Borough of Ealing Council (2019): Local Authority’s power to prevent protests outside an abortion clinic. Awaiting Supreme Court’s permission to appeal.
• Hon. Chief Justice of Trinidad and Tobago v The Law Association of Trinidad and Tobago [2018] UKPC 23: Appeal concerning lawfulness of an investigation into allegations in the local press.
• Black v Secretary of State for Justice [2016] EWCA Civ 125: Claim by prisoner in respect of the Government’s failure to apply the statutory ban on smoking to state prisons on the grounds of Crown immunity.
• Keep Wythenshawe Special Ltd v NHS Central Manchester CCG [2016] EWHC 17 (Admin): Challenge to the reconfiguration of medical services provided at hospitals in Manchester.
• R (Tracey) v Cambridge University Hospitals NHS Foundation Trust [2012] EWHC 3860 (Admin): Claim against a Trust in respect of DNR (Do Not Resuscitate) Notices placed on deceased’s notes raising issues as to the adequacy of the Trust’s guidance on DNR Notices and the failure of the Secretary of State for Health to promulgate national guidance.
• R (Mousa) v Secretary of State for Defence [2013] EWHC 1412 (Admin) and [2011] EWCA Civ 1334: Whether the Secretary of State should hold a public inquiry into allegations of abuse made by Iraqi civilians against the armed forces during the occupation of Iraq.
• Legal Ombudsman v Young [2011] EWHC 2923 (Admin): Guidance given as to procedure and general approach to be adopted by the Ombudsman and the Court in cases where a solicitor has failed to comply with a notice from the Ombudsman.
• R (Crosbie) v Secretary of State for Defence [2011] EWHC 879 (Admin): Claim by army chaplain in public law and under Article 6 of the Convention for loss of his career.
• R (Semoff) v Liverpool PCT: Challenge to the decision to build a new hospital in Liverpool on the basis that because it was to be paid for under PFI it was poor value for money.
• A v B (Investigatory Powers Tribunal: Jurisdiction) [2009] EWCA Civ 24, [2009] 3All ER416, CA: Jurisdiction of Investigatory Powers Tribunal.
• R (Compton) v Wiltshire PCT [2008] EWCA Civ 749, [2009] 1WLR 1436, CA: Circumstances in which Protective Costs Orders are to be granted.
• R (Lynch) v General Dental Council [2004] 1 ALL ER 1159: Admissibility of expert evidence in Judicial Review.