Robert Wastell

Human Rights

Human rights claims arise in many of Robert’s cases and he is adept at dealing with complex issues concerning rights under the ECHR.

Selected Cases

• D2 (SIAC) (2017 and ongoing): Challenge by Chechen National to refusal of leave to enter the UK on grounds of national security (Article 8 ECHR).
• Dunsby, Roberts v. MOD (2016 – present): Counsel for the Ministry of Defence in litigation arising out the deaths of soldiers during training on the Brecon Beacons in 2013 (Article 2 ECHR).
• Re Alexander Perepilichnyy (2017 – present): Inquest into the sudden death of Russian Alexander Perepilichnyy who is alleged to have been a whistleblower in a large scale fraud. (Article 8 and 10 ECHR).
• GDC v X  (2013): Professional Conduct Committee case for a dentist accused of dishonest failure to declare caution for theft to GDC (2013) – Sucessful application to hear evidence privately (Articles 6, 8 and 10 ECHR).
• Group Dental Action (2011-2013): claims by a group of current and former prisoners against the Ministry of Justice and a local PCT for alleged dental negligence and human rights abuses (Article 3 ECHR).
• D2 v Secretary of State for the Home Department [2014] UKSIAC 116/2012: case concerning the minimum level of disclosure in SIAC cases engaging Article 8 ECHR.
• Bank Mellat v Her Majesty’s Treasury (No. 1 and No. 2) [2013] UKSC 38, 39: power for the Supreme Court to adopt a closed material procedure and a challenge to the Financial Restrictions (Iran) Order 2009) (Article 1 of Protocol 1 and Article 6 ECHR.
• R (Newsham) v The Parole Board (2013) CO/11422/2012: a challenge to the failure to release on licence or to transfer to open conditions (Article 5 ECHR.
• E1/(OS Russia) v Secretary of State for the Home Department [2012] EWCA Civ 357: a challenge by Chechen National of SIAC’s dismissal of his application to judicially review the decision to cancel his Indefinite Leave to Remain on the grounds of defective notice of appeal rights (Article 8 ECHR).
• Zatuliveter v Secretary of State for the Home Department [2011] UKSIAC 103/2010: challenge to deportation on grounds of national security by Russian Parliamentary aide (Articles 5, 6 and 8 ECHR)
• R (Chater) v (1) Secretary of State for Justice and (2) Parole Board [2010] EWHC 2257(Admin): test for release  of life prisoner following erroneous recall whilst on licence (Article 5 ECHR).
• R (Al-Sweady and Others) v Secretary of State for Defence [2009] EWHC 2387 (Admin): claims of torture and murder of Iraqi nationals by soldiers during Iraq war.
• R (On The Application of Baiai and Others) v Secretary of State For The Home Department [2008] UKHL 53: House of Lords case on whether immigration policy breached right to marry (Articles 8, 12, 14 ECHR).