Philip Havers QC instructed in legal challenge to lockdown - May 2020
Philip Havers QC has a wide ranging practice with particular emphasis on medical law, public law and human rights law. He appears regularly in the Court of Appeal and the Supreme Court. He was Head of Chambers from 2006 – 2018.
He is recognised as a ‘Star Individual’ by Chambers & Partners and Tier 1 by Legal 500. In 2019 he was nominated for Chambers & Partners ‘Personal Injury/Clinical Negligence Silk of the Year 2019’ award.Public Law
- Legal challenge to COVID-19 Lockdown (2020): Lead counsel in legal challenge to the lawfulness of the Government’s Covid-19 lockdown.
- 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  UKPC 23: Appeal concerning lawfulness of an investigation into allegations in the local press.
- Black v Secretary of State for Justice  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  EWHC 17 (Admin): Challenge to the reconfiguration of medical services provided at hospitals in Manchester.
- R (Tracey) v Cambridge University Hospitals NHS Foundation Trust  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  EWHC 1412 (Admin) and  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  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  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)  EWCA Civ 24,  3All ER416, CA: Jurisdiction of Investigatory Powers Tribunal.
- R (Compton) v Wiltshire PCT  EWCA Civ 749,  1WLR 1436, CA: Circumstances in which Protective Costs Orders are to be granted.
- R (Lynch) v General Dental Council  1 ALL ER 1159: Admissibility of expert evidence in Judicial Review.
- ABC v St George’s Healthcare NHS Foundation Trust and others (2019): a high profile clinical negligence case concerning the disclosure of confidential medical information.
- Meadows v Khan  (CA)  (QB): a wrongful birth claim concerning the recoverability of additional costs arising out of an unconnected disability. Permission to appeal granted by Supreme Court.
- CN & GN v Poole BC UKSC 25: UK Supreme Court considered the extent to which local authorities and their employees owe a common law duty to protect children from harm caused by third parties.
- Darnley v Croydon Health Services NHS Trust  UKSC 50: Whether A&E receptionists owe a duty of care to patients to inform them correctly as to waiting times.
- Duce v Worcestershire Acute Hospitals NHS Trust  EWCA Civ 1307: successfully resisted appeal in Montgomery consent case at first instance and in the Court of Appeal (2019).
- Sullivan v Guy's & St Thomas' NHS Foundation Trust  EWHC 602 (QB): Claim by child patient in respect of cardiac surgery in the course of which the temperature of his body was significantly cooled.
- FE v St George's University Hospitals NHS Trust  EWHC 553: Claim by infant in respect of care provided around the time of his birth.
- Williams v Bermuda Hospitals Board  UKPC 4: Ruling by Privy Council as to correct approach to causation in clinical negligence cases.
- Rich v Hull & East Yorks Hospitals NHS Trust  EWHC 3395: Claim by pregnant mother alleging failure to provide steroids during her pregnancy.
- Nyang v Dr Thomas  EWHC 3946 (QB): Claim by detainee against local GP and mental health nurse.
- Burnett v Dr Lynch  EWCA Civ 347: (Correct approach to clinical negligence appeals on the facts.
- R v Royal National Orthopaedic Hospital NHS Trust  EWHC 492 (QB): Claim for damages in respect of complex spinal surgery to correct scoliosis.
- Whiston v London SHA  EWCA Civ 195  Med LR 132, CA: Actual knowledge, constructive knowledge and discretion in limitation in a clinical negligence claim 32 years after the events complained of.
- Thompstone v Tameside & Glossop Acute Services NHS Trust  EWCA Civ 5,  1WLR 2207, CA: Appropriate index for periodical payments.
- Crouch v King's Healthcare NHS Trust  1 WLR 2015, CA: Offer to settle by NHSLA, whether to be treated as if payment into court.
- Gregg v Scott  2 AC 176, HL: Damages for loss of a chance.
- Thomas v Brighton Health Authority  1 AC 345, HL: Multipliers.
- SXH v CPS  UKSC 30, SC: Do decisions to prosecute engage Article 8 ECHR.
- AM v GMC  EWHC 2096 (Admin): Whether GMC guidance as to doctors providing assistance for the purposes of suicide was in breach of the Human Rights Act.
- AM v DPP  UKSC 14, SC: Right to die - whether a gravely disabled person who is unable to commit suicide without assistance is entitled to further guidance from the DPP as to whether doctors, carers and other professionals would be likely to be prosecuted were they to assist him to do so.
- Meerabux v AG of Belize  2 AC 513, PC: Judge's removal from office - whether in breach of constitutional fair trial rights.
- R (Ullah) v Special Adjudicator  2 AC 323: HL-Extra Territorial Effect of the ECHR.
- Grieves v UK (2004) 39 EHRR 7, ECHR: Right to fair trial.
- Cooper v UK (2004) 39 EHRR 8, ECHR: Right to fair trial.
- Khan v Royal Airforce Summary Appeal Court (2004) HRLR 40, DC: Conscientious objector to military service in connection with the Iraq war.
- R v Spear, Hastie & Boyd  1 AC 734, HL: Right to a fair trial.
- R (Pretty) v DPP  1 AC 800 HL: Right to assistance in committing suicide / right to life / right to self-determination.
- Gough v Chief Constable of Derby Constabulary  QB 1213, CA: Football banning order - whether violation of human rights.
- R (on the application of Heather) v Leonard Cheshire Foundation  2 All ER 936, CA: Meaning of "public authority" under Human Rights Act 1998.
- Pretty v UK (2002) 35 EHRR 1, ECHR: Right to die.
- Morris v UK (2002) 34 EHRR 52, ECHR: Right to a fair trial.
- R v Martin  AC 917, HL: Right to a fair trial.
- Wingrove v UK (1997) 24 EHRR 1, ECHR: Right to free speech/Law of blasphemy.
- Findlay v UK (1997) 24 EHRR 221, ECHR: Right to fair trial / Courts-martial.
- R v Preston  2 AC 130: Civil Liberties / Telephone tapping.
- Lesforis v Tolias (2019) (CA): Whether surgeon liable to his patient for administering medicine to her a few hours after surgery. Claim, and subsequent appeal, dismissed.
- JRM v King’s College Hospital NHS Foundation Trust (2019): £5m settlement of birth injury claim.
- Bostridge v Oxleas NHS Foundation Trust  EWCA Civ 79, CA: Whether mentally disordered patient unlawfully detained entitled to more than nominal damages where he would have been otherwise lawfully detained.
- Savage v South Essex Partnership NHS Foundation Trust  UKHL 74,  2WLR 115, HL: Whether mental hospital under Convention duty to prevent suicide of compulsorily detained mental patient who absconds and commits suicide.
- R (Axon) v Secretary of State for Health  2 WLR 1130: Whether parents entitled to be notified that their child is seeking medical advice and treatment, including abortion.
- R(H) v Secretary of State for the Home Department  2 AC 253, HL: Power of the MHRT to review its decision to discharge.
- R(N) v Dr M  1 WLR 562, CA: The test for the giving of treatment without consent to a patient detained under the Mental Health Act 1983.
- Miss B v a NHS Hospital Trust  1 FLR 1090 Butler-Sloss P: Withdrawal of artificial ventilation; right to die with dignity.
- A Health Authority v X  2 All ER 780, CA: Disclosure of confidential patient information by GPs to local health authority.
- R (ABI) v Lord Chancellor (APIL intervening) : Challenge by insurers to decision of Lord Chancellor to announce the outcome of her review of the discount rate.
- Pike v Indian Hotels Co Ltd  EWHC 4096 (QB): Do the English Courts have jurisdiction to try claim by English claimant injured in the Mumbai terrorist attack?
- R (APIL) v Lord Chancellor : Challenge to the failure of the Lord Chancellor to revise the discount rate for the assessment of damages for future loss in personal injury claims.
- Glaister v Appleby-in-Westmorland Town Council  EWCA Civ 1325, CA: Liability of Town Council for injury sustained during the Appleby Horse Fair.
- Bottomley v Todmorden Cricket Club  PIQR P18, CA: Liability of employer of independent contractor for injury to independent contractor's agent arising from his negligence.
- Heil v Rankin & Ors  QB 272, CA: Test cases on general level of general damages.
- Warren v Northern General Hospital  1 WLR 1404, CA: 3% discount rate pending fixing of rate by Lord Chancellor.
- Gamor-Ogun Koya, Poplar Coroners Court (2012): Inquest into the killing of two young children by their mother following her discharge from inpatient psychiatric treatment.
- Goodson v HM Coroner for Beds & Luton NHS Trust  1 WLR 432: State's obligation under Article 2 to investigate deaths in hospital.
- R (Khan) v Secretary of State for Health  1WLR 971, CA: State's obligation under Article 2 ECHR to provide funding for representation of deceased's family at inquest.
- R v Inner London North Coroner, ex p Touche  QB 1206, CA: Maternal death in a hospital 'unnatural' for purposes of holding an inquest.
- Ladbroke Grove Rail Inquiry (1999)
- Southall Rail Inquiry (1997)
- Clapham Railway Disaster Inquiry (1988)
- Legionnaires Disease Inquiry (1986)
Philip Havers QC and Hannah Noyce look at disclosure in PI Focus - May 2020
Three 1COR members appear in landmark case about disclosure of confidential medical information: ABC v St George’s Healthcare NHS Foundation Trust & ors - Nov 2019
1COR walk in the LLST’s London Legal Walk 2019 - Jun 2019
Protecting children from harm: CN & GN v Poole Borough Council - Jun 2019
Philip Havers QC, Emma-Louise Fenelon & Charlotte Gilmartin discuss Darnley v Croydon Health Services at Weightmans’ Healthcare Training Seminar - Apr 2019
Delighted to announce that Richard Booth QC and Philip Havers QC are nominated for Chambers Bar Awards - Oct 2018
The Supreme Court has handed down its judgment in this interesting and important claim in Darnley v Croydon Health Services - Oct 2018
Chambers is delighted to announce that Richard Booth QC will take over from Philip Havers QC as Head of Chambers - Oct 2018
1COR represent the Chief Justice of Trinidad & Tobago in an appeal to the Judicial Committee of the Privy Council - Jul 2018
Seven 1COR members in landmark Supreme Court case - Jul 2018
Philip Havers QC and Richard Mumford successfully resist appeal in consent case - Jun 2018
Philip Havers QC appears today in the Supreme Court in Darnley v Croydon Health Services - Jun 2018
The Supreme Court has granted permission to the Appellants to appeal in the case of CN (1) & GN (2) v Poole Borough Council - Mar 2018
Philip Havers QC successful in interesting clinical negligence claim - Nov 2017
Philip Havers QC and Shaheen Rahman QC appear in Supreme Court prisoner smoking ban appeal - Nov 2017
Supreme Court will hear case involving the liability of the NHS for Hospital Receptionists - Oct 2017
Philip Havers QC and Adam Wagner successful in High Court Securitas Raid repatriation Judicial Review - Jul 2017
Philip Havers QC leads Adam Wagner in High Court Securitas Raid repatriation Judicial Review - Jul 2017
Clinical negligence and the duty to disclose: full house of 1COR members in high profile Court of Appeal case - Jun 2017
Philip Havers QC and Neil Sheldon succeed in Supreme Court on Art 8 Rights case - May 2017
Stephen Miller QC, Philip Havers QC and Owain Thomas QC in a significant clinical negligence judgment - Apr 2017
Philip Havers QC wins appeal about negligence of NHS Receptionist - Mar 2017
Philip Havers QC and Isabel Mcardle represent APIL in a judicial review brought by the Association of British Insurers - Jan 2017
Philip Havers QC and Shaheen Rahman to appear in the Supreme Court in prisoner smoking case - Oct 2016
1 Crown Office Row supports LGBT Freebar - Feb 2016
Philip Havers QC and Shaheen Rahman in Prison Smoking Appeal - Feb 2016
”Healthier Together” judicial review challenge dismissed - Jan 2016
1COR in Healthier Together judicial review - Dec 2015
Philip Havers QC, Rachel Marcus and Kate Beattie contribute to 5th edition of Clinical Negligence - Sep 2015
Philip Havers QC in another important right to die case challenging GMC guidance in such cases - Jul 2015
Four members of 1COR in duty of care case - Jun 2015
Supreme Court decision in the Right to Die case of Martin - Jun 2014
1COR appear on both sides of a case where a woman had to wait 100 minutes for an ambulance - Jun 2014
Philip Havers QC, Jeremy Hyam and Kate Beattie in landmark Court of Appeal victory for patient rights in DNACPR decisions - Jun 2014
Philip Havers QC, Jeremy Hyam and Kate Beattie appear in the Court of Appeal for the family of Janet Tracey - May 2014
Philip Havers QC represented the Ministry of Defence in the appeal by Marine Al Blackman who was convicted of murdering an injured Taliban insurgent - Apr 2014
Philip Havers QC in the Court of Appeal on the Right to Die case of Martin - May 2013
Philip Havers QC, Jeremy Hyam and Marina Wheeler in judicial review on consultation re closure of centres for paediatric cardiac surgery - Mar 2013
Philip Havers QC represents the LSB in a Supreme Court case regarding the legal privilege of accountants offering tax advice - Feb 2013
Members Appointed to the Legal Services Board External Panel of Legal Advisors - Dec 2012
Philip Havers QC and Sydney Chawatama win in Court of Appeal on a matter of fact in breast cancer claim - Mar 2012
Philip Havers QC in the Privy Council for the Governor of the Turks and Caicos and the Commissioner in corruption allegations - Mar 2012
Philip Havers QC in High Court decision on legality of professional advice in right to die case of Martin - Feb 2012
Philip Havers QC appointed specialist advisor to the Legal Services Board - Jan 2010