Paul Skinner

Contact Paul: paulskinner@matrixlaw.co.uk | +44 (0)20 7404 3447

Contact Paul's Practice Team (Team X): TeamX@matrixlaw.co.uk

Paul specialises in the fields of public and human rights law, equality and discrimination law, employment law, international law and commercial law.

Paul is regularly instructed in high-profile and complex cases, including a number featuring in The Lawyer’s annual list of Top 20 Cases. He regularly appears unled in the Court of Appeal and High Court and also has a busy practice as a senior junior as part of larger counsel teams.

Paul is a member of the Attorney General’s B panel of counsel.

Human Rights and Public Law Involving Individuals

Paul frequently acts for individuals, NGOs and public authorities in judicial reviews and statutory appeals against the state. Paul is ranked in the legal directories as a leading junior in both administrative and public law and immigration law.

He has particular expertise in:

• Community care
• Discrimination and equality
• Education
• Immigration, immigration detention, asylum and nationality
• Information, data protection, privacy and freedom of expression
• Healthcare
• Human rights
• National security and terrorism
• Prison law
• Public international law
• Social security and welfare benefits

Some of recent work include:

• Soliman v Home Office (ongoing): Human rights claim by suspect in Manchester Arena bombing for ill-treatment in detention in Libya claimed to have resulted from intelligence sharing
• Johal v Foreign, Commonwealth and Development Office (ongoing): Claim in relation to claimed ill-treatment in detention in India by British national as a result of claimed intelligence sharing
• R (Police and Crime Commissioner for Lincolnshire) v Secretary of State for the Home Department (ongoing): Judicial review of the police funding formula
• R (Ghadam) v Secretary of State for the Home Department (Discretion – further enquiries – s31(2A)) [2024] UKUT 281 (IAC): Unlawful to fail to consider whether to take into account or undertake further enquiries in relation to particular factors in deciding that a business was not genuine for the purposes of deciding a Tier 1 (Entrepreneur) application.
• Beth v The Security Service [2024] UKIPTrib3: Human rights claim against MI5 for failure to protect claimant from her abusive former partner, who is alleged to have been a covert human intelligence source.
• FL v Secretary of State for Work and Pensions [2024] PTSR 589 (on appeal to the Court of Appeal): Inappropriate to disapply unlawfully discriminatory provisions of regulations governing ‘migration’ from legacy benefits to Universal Credit because ‘inapt’.
• R (PCSU) v Secretary of State for the Home Department (settled post-General Election): Article 11 challenge to lawfulness of minimum service levels required of Border Force officials during strike action
• R (Dragoi) v Secretary of State for Justice [2024] EWHC 60 (Admin): The decision to refuse to allow a foreign national offender to be removed from prison under the Early Release Scheme was lawful, given that he would be removed to the village in which his victims of human trafficking were located.
• Abdi v Entry Clearance Officer [2023] EWCA Civ 1455: It was procedurally unfair to find that the appellants’ sponsor was not the source of the funds he was sending to the appellants (and that they were therefore not dependent on him for the purposes of their EEA Family Permit applications) without putting this to him in the appeal hearing.
• ASO (Iraq) v Secretary of State for the Home Department [2023] EWCA Civ 1282: Court of Appeal gave guidance on the assessment of materiality for the purposes of immigration appeals.
• R (Keira Bell) v Tavistock and Portman NHS Foundation Trust [2022] 1 All ER 416 (CA): Inappropriate for High Court to have made a declaration as to when a gender-dysphoric child should make an application to the court should be made for a best interests decision as to whether they should be prescribed puberty blockers and to give general guidance in relation to when such children can consent to such treatment.
• R (Lord) v Secretary of State for Health and Social Care [2022] EWHC 2004 (Admin): Judicial review of the pandemic-related requirement to only serve alcohol with a table meal.
• Department for Transport v Information Commissioner [2022] 1 WLR 3403 (UTAAC): The Upper Tribunal gave guidance on (1) when aggregated data can be ‘personal data’ and (2) the proper approach to civil servant’s evidence of the chilling effect that the release of information would have under the Freedom of Information Act.
• PF v Disclosure and Barring Service [2020] UKUT 256 (AAC): Test case on the scope of the Tribunal’s jurisdiction in error of fact cases.
• R (Vincent) v Secretary of State for Work and Pensions [2020] EWHC 1976 (Admin): The conversion of Support for Mortgage Interest from a benefit was not unlawfully discriminatory against disabled people.
• ED (claiming as “AA”) v Secretary of State for Work and Pensions [2020] UKUT 352 (AAC): Secretary of State’s power to reclaim overpaid benefits extends to the case of someone who has acquired their right to benefit by pretending to be someone that does not in fact exist.
• Demirtaş and others v Turkey (2019) 69 EHRR 27: Grand Chamber held that the removal of Turkish MPs’ Parliamentary immunity and their arrest and detention for politically motivated reasons was a breach of Article 10 ECHR.
• R (Parkin) v Secretary of State for Work and Pensions [2019] EWHC 2356 (Admin): Universal Credit minimum income floor for the self-employed did not unlawfully discriminate against women.
• R (FDA) v Minister for the Cabinet Office [2018] EWHC 2746 (Admin): No failure to consult the civil service unions in setting the pay remit guidance.
• R (Buxton) v Secretary of State for Work and Pensions [2019] PTSR 502: Cap on Access to Work Scheme did not unlawfully discriminate against D/deaf claimants.
• R (B) v Office of the Independent Adjudicator for Higher Education [2019] PTSR 769: High Court gave guidance on standard of review of decisions that a complaint to the OIA is not eligible.
• R (Gina Miller) v Secretary of State for Exiting the EU [2018] AC 61(SC): Government’s proposed notification of the UK’s intention to leave the EU without statutory authority was unlawful.
• R (MA (Pakistan)) v Upper Tribunal (Immigration and Asylum Chamber) [2016] 1 WLR 5093 (CA): Court of Appeal gave guidance on the appropriate approach to considering whether it is reasonable to expect a child to leave the UK under s.117B(6) of the Nationality, Immigration and Asylum Act 2002.
• El-Dinnaoui v Westminster City Council [2013] HLR 23 (CA): Irrational to provide accommodation in high-rise building to homeless person with vertigo.

Commercial Public Law

Paul’s public law practice in areas affecting business spans:

• Broadcasting regulation
• Competition
• Consumer protection regulation (including product safety, medicines and consumer credit)
• Data protection
• Environmental regulation
• Financial services regulation
• International trade regulation (anti-dumping, the EU four freedoms)
• Public procurement
• State aid

Examples of Paul’s recent work in these areas include:

• R (Heathrow Airport) v HM Treasury [2021] EWCA Civ 783: Government’s decision to abolish tax- and VAT-free shopping by withdrawing the VAT Retail Export Scheme and an Extra-Statutory Concession did not result from an unfair consultation and did not breach WTO Rules.
• Department for Transport v Information Commissioner [2022] 1 WLR 3403 (UTAAC): The Upper Tribunal gave guidance on (1) when aggregated data can be ‘personal data’ and (2) the proper approach to civil servant’s evidence of the chilling effect that the release of information would have under the Freedom of Information Act.
• Churchill Gowns Ltd v Ede & Ravenscroft Ltd [2020] CAT 22: Challenge in the Competition Appeal Tribunal to the Defendant’s arrangements with universities for the provision of academic dress to students at graduation ceremonies on grounds they restrict competition and constitute an abuse of dominant position.
• FCA competition investigation into asset management firms.
• Advice on judicial review on human rights and competition grounds to the introduction of new conditions by the Phone-paid Services Authority.
• Advice on vires of Environment Agency to enter and damage commercial property under the Water Resources Act 1991.
• EU Commission Investigation into the dumping of Vinyl Acetate.
• Represented a ‘payday lender’ in respect of the FSA, Competition Commission and FCA’s respective investigations into the market for high-cost short-term credit.
• Advice in relation to the vires of the Financial Services Compensation Scheme.
• Advice to a University on the acquisition of various broadcasting licenses.

Commercial Litigation

Paul has considerable experience of a wide variety of commercial litigation. As well as the full range of commercial contractual and tortious disputes (including conspiracy and other economic torts), Paul has particular expertise in banking, EU law related and multi-party commercial disputes including group actions, as well as conflicts of laws issues and directors’ duties and other commercial employment issues.

Paul is currently writing the practitioners’ text on Abuse of Process for Oxford University Press and is a contributor to the leading loose-leaf text on consumer credit, Goode, Consumer Credit: Law and Practice. He has published in the Journal of International Banking and Financial Law.

Paul has experience of obtaining freezing orders and other injunctions at short notice to recover, secure and trace at-risk assets and to unwind fraudulent transactions.

Recent and notable cases include:

• Currently instructed by investment bank in threatened multimillion-pound claims in unlawful means conspiracy
• Matrix Receivables Ltd v Musst Holdings Ltd [2024] EWHC 1495 (Ch): Multimillion-dollar claims in contract and unjust enrichment
• Benyatov v Credit Suisse Securities (Europe) Ltd  [2023] 3 All ER 636: Court of Appeal and High Court found investment bank not liable either in tort or under implied contractual indemnity for consequences of banker’s prosecution and conviction abroad.
• Bravo v Amerisur Resources plc [2020] EWHC 203 (QB): Freezing order and group litigation order obtained in international mass tort claim for environmental damage in Columbia.
• Advised Office of Rail and Road on the interpretation of the Network Code and the Timetable Planning Rules.
• Acted in complex asset tracing claim, including to reverse gift of property to defraud creditors under section 423 of the Insolvency Act 1981, associated freezing order applications.
• Advice on group claim for breach of contract by consumers against water industry in respect of non-compliance with obligations in respect of sewage treatment.
• Burrell v Helical (Bramshott Place) Ltd [2017] ECC 3: High Court gave guidance on the meaning of “credit” in the Consumer Credit Act 1974 and whether exit fees in leases of properties in retirement villages were unfair terms.
• The Bomu-Bonny Oil Pipeline Litigation (High Court, TCC): Part of the counsel team for the Defendant in this group litigation relating to oil spills in the Niger Delta, involving a variety of private international law issues.
• The PIP Breast Implant Litigation (High Court, QB): Instructed to defend contractual claims against a clinic in respect of breast implants used which were of unsatisfactory quality.
• Waterland v Bank of Scotland plc (High Court, Chancery Division – sole counsel) Breach of contract claim for wrongful conversion of various secured lending facilities from Sterling into Swiss Francs (settled at mediation).
• Injunctive proceedings in support of an arbitration relating to the breakdown of a dental practice partnership.
• Interest Rate Hedging Products: Advice to a major retail bank in respect of a number of missold interest rate hedging products and in particular the extent of recoverable losses and applicable principles of causation.
• Advice on claim for breach of copyright by song-writer in respect of well-known number 1 hit.

International Law

Paul has a significant practice in matters with a public and private international law element. He has undertaken a number of cases before the European Court of Human Rights and his domestic cases frequently involve questions of jurisdiction, choice of law and the interpretation of international law.

Recent and notable cases include:

• Currently instructed in ICJ proceedings concerning whether there is a right to strike under ILO Convention No 87
• Benyatov v Credit Suisse Securities (Europe) Ltd [2023] 3 All ER 636: Investment bank not liable either in tort or under implied contractual indemnity for consequences of banker’s prosecution and conviction abroad.
• R (Heathrow Airport) v HM Treasury [2021] EWCA Civ 783: Government’s decision to abolish tax- and VAT-free shopping by withdrawing the VAT Retail Export Scheme and an Extra-Statutory Concession did not breach WTO Rules and was justiciable in the English courts.
• Bravo v Amerisur Resources plc [2020] EWHC 203 (QB): Freezing order and group litigation order obtained in international mass tort claim for environmental damage in Columbia.
• Demirtaş and others v Turkey (2019) 69 EHRR 27 (ECtHR Grand Chamber): Representing Article 19 and Human Rights Watch in their successful intervention in this important case relating to the removal of Turkish MPs’ Parliamentary immunity and their arrest and detention for politically motivated reasons.
• Bodo Community v Shell Petroleum Development Co of Nigeria – Representing Shell in claim by 15,000 claimants in proceedings concerning extensive pollution in Rivers State, Nigeria.
• Bytyqi v Republic of Serbia (ECtHR) – Advised the family of three American-Kosovan Albanians killed by Serbian police in proposed claim to the European Court of Human Rights for breach of the investigative duty under Article 2 ECHR.

Employment and Discrimination

Paul is ranked as a leading employment law junior by Legal 500 and practices across the full range of employment law matters in both the High Court and Tribunal. He has particular expertise in the contractual and tortious duties employers owe employees posted abroad. Paul is also regularly instructed in public law discrimination challenges and trade union disputes and frequently advises public sector pension schemes in relation to discrimination, forfeiture and interpretation issues.

Recent and notable cases include:

• Currently instructed by investment bank in threatened multimillion-pound claims in unlawful means conspiracy brought by senior employees
• Leach v The Hideaways Club: Currently instructed in this Tribunal claim involving complex international jurisdiction issues
• Currently instructed in ICJ proceedings concerning whether there is a right to strike under ILO Convention No 87
• Benyatov v Credit Suisse Securities (Europe) Ltd [2023] 3 All ER 636 (CA): Leading case on when an employer may be liable in contract and tort for career losses suffered by an employee convicted abroad by reason of his work. Investment bank not liable either in tort or under implied contractual indemnity for consequences of banker’s prosecution and conviction in Romania.
• Ebury Partners UK Ltd v Acton Davis [2023] IRLR 486 (EAT): ET had been wrong to reconsider its earlier dismissal of constructive unfair dismissal claim on a basis that did not form part of the reconsideration application.
• Hopkins v Secretary of State for Justice (ET): Successfully defended high-profile whistleblowing claim by analyst whose research indicated that the Sex Offender Treatment Programme in prisons may increase the likelihood of reoffending.
• R (PCSU) v Secretary of State for the Home Department (settled post-General Election): Article 11 challenge to lawfulness of minimum service levels required of Border Force officials during strike action
• R (Vincent) v Secretary of State for Work and Pensions [2020] EWHC 1976 (Admin): The conversion of Support for Mortgage Interest from a benefit was not unlawfully discriminatory against disabled people.
• R (Parkin) v Secretary of State for Work and Pensions [2019] EWHC 2356 (Admin): Universal Credit minimum income floor for the self-employed did not unlawfully discriminate against women.
• R (FDA) v Minister for the Cabinet Office [2018] EWHC 2746 (Admin): No failure to consult the civil service unions in setting the pay remit guidance.

Education and other experience

Paul had a first career as a professional musician. He holds a first class music degree and licentiate diploma from the Royal Academy of Music, London, and was Woodwind finalist in BBC Young Musician of the Year.

Paul subsequently studied for an accelerated 2-year law degree at Cambridge and undertook the Bar Vocational Course at BPP Law School.

In 2011/12, Paul spent a year as Judicial Assistant to Lord Dyson and Lord Walker at the UK Supreme Court. Prior to this he worked at the European Court of Human Rights.

Paul was a lecturer in law at the Open University from 2010-2012.

Paul is currently writing a book on Abuse of Process and has written a number of articles in peer reviewed journals, including the Law Quarterly Review, the Journal of International Banking and Financial Law and the European Human Rights Law Review.

Paul sits as a Deputy Judge of the Upper Tribunal and is a member of the Attorney General’s B Panel of Counsel.

DIRECTORY RECOMMENDATIONS