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| Human Rights | |
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|  Re Wyatt (a child) (2006) | |
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| S and Others v Secretary of State for the Home Department (2006) | |
| Rabinder Singh QC in this victory for Afghans in Government’s failed appeal |
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| JJ v Secretary of State for the Home Department (2006) | |
| Raza Husain and Danny Friedman acted for two of the six men who have successfully challanged the legality of their control orders in the Court of Appeal. |
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| Wilkinson v Kitzinger & Ors (2006) | |
| Karon Monaghan and Helen Mountfield acted in this challenge to non-recognition of a same-sex Canadian marriage. |
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| J v Secretary of State for the Home Department (2006) | |
| Nicholas Blake QC represented 'J', an Iranian homosexual. The Court of Appeal held that a person could not be refused asylum on the basis that he could avoid otherwise persecutory conduct by modifying his behaviour. |
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| Januzi v Secretary of State for the Home Department; Hamid v Same; Gaafar v Same; Mohammed v Same (2006) | |
| Concerned whether a person could reasonably be expected to avail himself of the internal flight alternative, where this was the means by which persecution could be avoided following deportation. |
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| R v G & Secretary of State for the Home Department (2006) | |
| Concerned whether The Sexual Offences Act 2003 s.5, which created the offence of rape of a child under 13 even where a defendant reasonably believed that the child was 13 or over, was compatible with the European Convention on Human Rights 1950 Art.6(2. |
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| R (Scholes) v Home Secretary (2006) | |
| Whether Home Secretary acted compatibly with Art 2 in refusing to direct public inquiry into sentencing policy
following suicide in custody of highly vulnerable 16 year old, Joseph Scholes, who killed himself in a Young Offender Institute. |
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| Secretary of State for the Home Department v JJ; KK; GG; HH; NN; LL (2006) | |
| Raza Husain and Danny Friedman acted for two of the six men who have successfully challanged the legality of their control orders before the Administative Court. |
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| R (Begum) v Headteacher and Governors of Denbigh High School (2006) | |
| This case involved important questions in both Education and Human Rights law. Ms Begum challenged her school's refusal to permit her to attend school wearing an Islamic jilbab claiming that this was an unlawful exclusion and a breach of her rights under Article 9 and Article 2 Protocol 1 of the European Convention of Human Rights. |
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| Ramzy v Netherlands (2006) | |
| This Strasbourg case concerns return to torture in national security cases (re-visiting Chahal). |
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| D and Others v Secretary of State for the Home Department (2005) | |
| Concerned the tort of false imprisonment and the right to liberty as guaranteed by Article 5 ECHR. |
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| R (Limbuela) v Secretary of State for the Home Department (2005) | |
| This case concerned the refusal of support to asylum seekers under section 95 of the Immigration and Asylum Act 1999, as required by section 55 of the Nationality, Immigration and Asylum Act 2002, on the ground asylum had not been claimed as soon as reasonably practicable after arrival in the United Kingdom. |
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| R (Rashid) v Secretary of State for the Home Department (2005) | |
| Concerned judicial review of the Secretary of State's failure to apply his own policy of not relying on the internal flight alternative to the Kurdish autonomous zone in Iraq. |
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| Hirst v UK (2005) | |
| Prisoners voting rights |
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| R (Headley and Hindawi) v Home Secretary (2006) | |
| The House of Lords held that the legislative regime governing the release of foreign prisoners violated A14 ECHR. |
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| R (Roberts) v Parole Board (2005) | |
| The House of Lords considered whether the Parole Board was entitled to adopt a closed hearing and Special Advocate procedure for the parole hearing of a mandatory lifer. |
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| R (Al Jedda) v Secretary of State for Defence (2005) | |
| Judicial review of the case of a British citizen detained without charge in Basra by UK Forces since 10 October 2004. Mr Hilal Abdul-Razzaq, who has dual British and Iraqi citizenship, has been detained for on suspicion of being a member of a terrorist group involved in weapons smuggling and bomb attacks. But no charges have been brought. |
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| R (Al-Skeini & Others) v Secretary of State for Defence (2005) | |
| This case before the Court of Appeal concerned whether the Human Rights Act 1998 applied to British forces operating in Iraq at the time. The Court held that the Act had extraterritorial effect where a public authority was found to have exercised extraterritorial jurisdiction on the application of authority of state agent principles. Rabinder Singh QC and Christine Chinkin appeared for the claimants. |
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| Burke v GMC (2005) | |
| David Wolfe acted for the DRC, in the case of Burke v General Medical Council. |
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| R (Mullen) v Secretary of State for the Home Department (2004) | |
| Following the Court of Appeal quashing a conviction on the ground of abuse of process, the Claimant sought compensation for miscarriage of justice. The House of Lords applied Article 6 Human Rights Act 1998 and the International Covenant on Civil and Political Rights 1977. Philippe Sands QC appeared for the Claimant. |
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| Ezeh and Connors v UK (2003) | |
| The case concerned prison disciplinary hearings in which the prisoner faced an award of additional days counted as ‘criminal charges’ for the purpose of the Convention. Accordingly, prisoners were entitled to the full protection of Article 6, including legal representation and an independent tribunal. Tim Owen QC and Alison Macdonald appeared for the Applicants. |
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| R (Middleton) v West Yorkshire Coroner (2004) | |
| House of Lords case concerning available verdict where the authorities failed to take reasonable actions to prevent a suicide in custody. Ben Emmerson QC and Danny Friedman appeared for the Respondent Middleton. Rabinder Singh QC appeared for the Appellant. |
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| R (A) v Chief Constable of West Yorkshire (2004) | |
| The House of Lords confirmed that the reach of community law in outlawing discrimination against transsexuals in the field of employment law was wider than the reach of human rights law that only prohibited such treatment after the date of the Strasbourg decision in Goodwin. Nicholas Blake QC, Rabinder Singh QC, Sir David Bean QC and Mathew Purchase appeared in this case. |
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| R (Razgar) v Secretary of State for the Home Department (2004) | |
| Nicholas Blake QC and Raza Husain appeared for the claimant in this case concerning certification of human rights claims as manifestly unfounded. |
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| Secretary for Security v Prabakar (2004) | |
| This case concerned the expulsion of a Sri Lankan Tamil asylum seeker from Hong Kong SAR to Sri Lanka where he had been tortured. Although Hong Kong is not a party to the Refugee Convention, the case established that similar procedural standards of careful scrutiny of a protection claim apply in Hong Kong as a result of adherence to the Torture Convention. If a protection claim is rejected, the Government must give sufficient reasons to explain why. Nicholas Blake QC appeared for the asylum seeker. |
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| Lambert Watson v The Queen (2004) | |
| A 9 judge Board of the Privy Council ruled that the mandatory death penalty for murder was inhuman punishment contrary to Jamaica's constitution and international human rights standards. The present existing law clause did not apply to immunise this punishment from judicial amendment to ensure conformity with these standards. Henceforth all cases of capital murder in Jamaica required judicial sentencing hearings. Nicholas Blake QC and Julian Knowles appeared for Mr Watson. |
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| Singh v Entry Clearance Officer New Delhi (2004) | |
| In this decision the Court of Appeal concluded that there was family life engaged between a UK resident couple and a child transferred to their care under procedures that did not meet international rules for adoption. As the respondent was unwilling to justify his particular interference with family life, the refusal of entry clearance was held to be a breach of Article 8 ECHR. The decision has important implications for South Asian de facto family cases. Nicholas Blake QC appeared for the family. |
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| R (Ullah) v Special Adjudicator (2004) | |
| The House of Lords considered whether any article of the ECHR - other than Article 3 - can be engaged in relation to deporting an individual when it can be anticipated that his treatment in the receiving state will be in breach of Convention requirements, but without being in breach of Article 3. Nicholas Blake QC represented Ullah. Rabinder Singh QC and Raza Husain acted on behalf of Liberty and Joint Council for the Welfare of Immigrants. |
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| A & Ors v Secretary of State for the Home Department (2004) | |
| The case dealt with whether indefinite detention without charge or trial of non-nationals suspected of terrorist activities is compatible with UK human rights obligations. Ben Emmerson QC, Philippe Sands QC and Raza Husain appeared for seven of the appellants. Rabinder Singh QC and Alex Bailin acted on behalf of Liberty as intervenors. |
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| In Re A (Minors) (Conjoined Twins: Medical Treatment) (2000) | |
| Conjoined twins: medical treatment. Tim Owen QC acted for the surviving twin, Jodie, in this historic case concerning the legality of separation surgery where the inevitable consequence would be the death of one twin but where both would die without intervention. |
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| Wright & Bennett v Home Office (2001) | |
| Jessica Simor and Danny Friedman appeared for the family of Paul Wright and Rhodri Thompson QC acted for the Home Secretary in this case concerning the death in custody of a prisoner and Article 2 of the ECHR. |
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| R v Ashworth Special Hospital Auhtority ex parte N (2001) | |
| Cherie Booth QC acted for N in this case concerning the random monitoring of the telephone calls of mental patients and the provisions of Article 8 of the ECHR. |
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| Hatton & Ors v UK (2003) | |
| Helen Mountfield appeared in this case which dealt with the terms of a 1993 scheme, which limited the number of night-flights at Heathrow airport. The case concerned the margin of appreciation enjoyed by the states in respect of such matters in relation to Article 8 ECHR. |
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| Carson v Secretary of state for Work and Pensions (2003) | |
| Helen Mountfield and Murray Hunt appeared for the Secretary of State in this case about whether the exclusion of pensioners living in other jurisdictions from the UK's annual uprating of state pensions was in breach of the ECHR. |
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