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Ben Emmerson QC
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Ben Emmerson QC
Notable Cases
--> R (Laporte) v Chief Constable of Gloucestershire [2006] UKHL 55
Extent to which police may take action to prevent a breach of the peace – whether action reasonable & proportionate – HRA 1998 – right to peaceful assembly – anti-war demonstration at RAF Fairford.
--> Kyprianou v Cyprus (2005)
Kyprianou v Cyprus (App No. 73797/01) ECtHR Case raising Articles 6 and 10 of the ECHR
--> A & Ors v Secretary of State for the Home Department (2005)
Judgment given in A & Ors v Secretary of State for the Home Department; A & Ors (FC) & Anor v Secretary of State for the Home Department (conjoined appeals)
--> R (People's Mojahedin Organisation of Iran & Ors) v Secretary of State for the Home Department (2002)
The Court considered three separate claims that were challenging the proscription of organisations as "terrorist" under the Terrorism Act 2000. Ben Emmerson QC appeared for the Claimants in the first claim, Rabinder Singh QC and Dan Squires for the Claimants in the second claim and Helen Mountfield appeared for the Claimants in the third claim.
--> Bright v Central Criminal Court (2000)
The case concerned the use of special procedure powers against newspapers. The Court considered whether a judge could order a journalist to disclose materials that might incriminate him. Clare Montgomery QC appeared for the Director of Public Prosecutions and Ben Emmerson QC appeared for Bright.
--> Venables v News Group Newspapers Ltd (2001)
The Court considered whether there was jurisdiction to grant an injunction to protect the identity and whereabouts of an adult where there was risk of injury or death should this information be disclosed. Found that the provisions of the ECHR and the law of confidence should be extended, in exceptional cases, to protect individuals at risk of injury or death from the public. Ben Emmerson QC appeared in this case.
--> Attorney General's Reference No 3 of 2000 (2001)
This was a test case concerning the proper boundaries of police entrapment operations. The Attorney General asked the Court of Appeal to consider whether the judicial discretion conferred by the Police and Criminal Evidence Act 1984 had been modified by Article 6 ECHR. Ben Emmerson QC appeared.
--> R v Jack Lyons, Anthony Parnes, Gerald Ronson and Ernest Saunders (2002)
The case concerned convictions of the defendants in the Guiness trial in the light of the decision of the ECtHR. The House of Lords considered how to apply contemporary standards of fairness when judging the safety of old convictions. Ben Emmerson QC appeared in this case.
--> R v C : R v H (2004)
This conjoined appeal concerned the safeguarding of the Appellant's interest at public interest immunity hearings. Ben Emmerson QC appeared for C.
--> 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.
--> R (Al-Fawwas, Abdel Bary & Anor) v Governor of Brixton Prison (2001)
Ben Emmerson QC and Julian Knowles appeared for Abdel Bary in this case concerning extradition offences committed outside the territory of the requesting state.
--> 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.
--> M v Secretary of State for the Home Department (2004)
The Court of Appeal refused the application from the Home Secretary for permission to appeal against the Special Immigration Appeals Commission (SIAC) decision where M's certification as a suspected international terrorist had been quashed. Ben Emmerson QC and Raza Husain appeared for M.
Specialist Practice Areas
Arbitration and Mediation
Commercial Law
Crime and Regulatory Law
Human Rights
International Law
Media and Information Law
Public Law
Inquests
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