Civil Liberties & Human Rights: London

THE SET This elite civil liberties set is a true force to be reckoned with in the human rights arena, being praised for its commitment and dedication to the sector. It has more quality members both at junior and senior level than most other sets, and a handful of these could be described as "superstars in the field." Barristers here have appeared in many of the most novel and high-profile cases in the field, including the Binyam Mohammed litigation, and HJ (Iran) and HT (Cameroon), the Supreme Court ruling on the rights of gay asylum seekers.

SILKS Michael Fordham QC is "at the pinnacle of the profession" and universally considered to be a star. "He ensures arguments are carefully crafted and is always succinct in his addresses," say sources. "His clarity of thought allows him to produce exemplary addresses that hold the attention of Supreme Court judges. He guides the Bench through some exceedingly complex arguments relating to the right to liberty and access to justice." Fellow star of the Public Law Bar David Pannick QC is "outstanding in all areas" and "consistently on the ball." Recent notable cases for him include the challenge by Max Mosley in the ECHR to English privacy law. Pannick also represented the Commissioner of Police of the Metropolis in the Supreme Court in a case looking at whether the retention of DNA samples of persons arrested but not prosecuted constitutes a breach of their human rights. Also riding extremely high, Dinah Rose QC has a broad practice, and acts for both claimants and the government. Constantly in the news, she makes telling and extremely well-received contributions in many of the highlight cases of the day. By way of example, she acted in the challenge to the ban on selling cigarettes through vending machines and handled the case of Smith, which determined the applicability of the Human Rights Act to soldiers serving in Iraq. 

First Treasury counsel James Eadie QC appears in major judicial reviews and public law cases. He is "exceptional, has incredible intellect and always exerts great control over the facts in a case." Sources further praise his polite court manner. Timothy Otty QC is another jewel in the set's crown. His recent work has had a more international flavour, as illustrated by his involvement in a constitutional issue relating to the removal of a Grand Court judge of the Cayman Islands from office on the grounds of inability to perform that office/misbehaviour. He also handled a Special Immigration Appeals Commission case on the lawfulness of a deportation. Fellow leading public law silk John Howell QC is "able to deal with huge amounts of information quickly and incisively," much to the delight of instructing solicitors. They praise his "ability to think laterally and come up with innovative arguments," and further note that he is an authority on issues relating to Article 6 of the ECHR. Monica Carss-Frisk QC has a "first-class mind" and is noted for her "clarity of expression" in court. Also excellent on the paperwork, she was recently instructed in the Hong Kong Court of First Instance by the Department of Justice in a unique human rights-based challenge to the rights of transgender people to marry. Lord Lester of Herne Hill QC remains one of the first names out of the hat for solicitors who require a practitioner with a wealth of human rights law expertise. His knowledge of the law is such that he took a major role in the promotion of the Equality Bill, which subsequently came into force as the Equality Act 2010. Pushpinder Saini QC is singled out for his expert knowledge of EU law, which he demonstrated in Al Shanfari, a successful challenge to EU asset-freezing measures. He also acted in the extremely important case of Kadi, representing Mr Kadi, who succeeded in establishing the invalidity of EU legislation implementing the sanctions adopted post-9/11 in relation to those accused of supporting terrorism and Al-Qaeda. Javan Herberg QC recently took silk to the delight of many. Recent notable work for him includes the judicial review challenge to compensation provisions arising out of the nationalisation of Northern Rock. He has also been acting for the Secretary of State defending a claim involving right-to-liberty issues brought by a prisoner under Article 5 of the ECHR.

JUNIORS The set's strength at silk level is matched by its impressive range of juniors. Thomas de la Mare is a first-choice junior for many and is held in high regard by all. There is widespread agreement that his elevation to silk is but a short time away. Recently, he appeared with Pannick in a judicial review challenge to the government’s decision to introduce a ban on the display of tobacco products. Shaheed Fatima comes recommended for her expertise in a broad range of civil liberties issues, many of which have an international angle. She recently appeared in Ahmed, a case concerning the compatibility of the asset freezing of suspected terrorists with civil liberties law. Also popular is Tom Hickman, who impresses sources with his "ability to grasp new areas of law quickly" and his "willingness to team up with the solicitor rather than just let the solicitor instruct him." He has strength in immigration, terrorism and asylum and national security cases. 

Ben Jaffey has a "brilliant, comprehensive and imaginative legal mind." This "witty and charming" advocate acted alongside many of the set in the Binyam Mohamed litigation and acted in a judicial review of the government's refusal to disclose information about torture and ill-treatment in Guantanamo Bay. Many believe that he is another who deserves to take silk very soon. Naina Patel has handled a number of cases concerning detention in Guantanamo Bay, Iraq and Afghanistan. She recently took a sabbatical from chambers, which ended in June 2011, in order to work as senior justice adviser to the provincial reconstruction team in Helmand, Afghanistan. This committed performer is admired for her "bravery and willingness to tackle matters head on." David Pievsky acts for and against public law bodies and handles a wide range of civil liberties issues, including asylum, human rights, prison law and regulatory matters. He has recently been acting for the police in judicial review claims brought by protestors who allege breaches of human rights at G20 protests. Kate Gallafent has an "aura of calmness" that impresses interviewees, who further add that "she is superb in her ability to manage the client's expectations and to come across in a composed and controlled manner at all times." She recently successfully defended a challenge to Ofcom concerning the client's right of freedom of expression under Article 10 of the ECHR. Iain Steele is said to be "stunningly good for one of his level of call." As with Pievsky, he had a role in the judicial review of the policing of the 'Climate Camp' protest during the G20 meeting in London in 2009. He also appeared with Rose in the challenge to the ban on selling cigarettes through vending machines.

THE SET Doughty Street has a deep pool of expertise and is overflowing with barristers who are "class acts," many of whom are "academically brilliant." The set is strong in its beliefs and is committed to bringing cases on behalf of those who have been subject to unlawful state activity and had their civil liberties breached. The dedicated members will not hesitate to "go the extra mile" and are willing to fight cases that, on the face of it, are unpopular.

SILKS Edward Fitzgerald QC is a “beacon of immense talent.” He is a “heavyweight practitioner” who has long been at the forefront of civil liberties law. “As gifted and tenacious now as he was ten years ago,” he remains renowned for handling human rights cases with strong international or public elements. Ian Wise QC is another fine example of the talent that is on offer here. He has gone from strength to strength since taking silk, with sources describing him as "taking to it like a duck to water.” Highly respected, he appeared in the significant case of A v Essex, concerning the right to education, and R (A) v Croydon LBC, a matter heard in the Supreme Court regarding a child asylum seeker. The highly esteemed Geoffrey Robertson QC is a “creative thinker” who can “frame any argument to suit a certain court.” Instructing solicitors use him on matters of the gravest import that need “strategic thought.” 

Heather Williams QC is a leader in the field of discrimination and is further renowned for handling police actions. This experienced practitioner is “extremely bright and always very meticulous in her approach.” Martin Westgate QC is praised for his enormous breadth of experience. According to interviewees: “He really gets under the skin of a case and spots public law angles no one else sees.” His recent appearances include successfully challenging the police under Article 8 of the ECHR for taking and retaining the photographs of a protestor. He also handled the Binyam Mohamed litigation. New silk Phillippa Kaufmann QC is an immensely popular figure at the Bar. “Scarily clever,” she offers “incisive analysis" of a case and "always identifies the way forward” in her cases. She appeared in the Guantanamo case of Al Rawi and was involved in a human rights claim against the Metropolitan Police, alleging failure to investigate the human trafficking of Nigerian girls. Judith Farbey QC was also recently elevated to silk. She is a highly recommended performer and has extensive expertise in immigration, public and prison law. Farbey has also appeared in numerous national security cases as special advocate.

JUNIORS The set has a growing pool of excellent juniors, with Stephen Cragg being one fine illustration of the talent on offer. “He knows how to spot the issues and run with those likely to find favour with the court.” Solicitors further favour him as he is extremely good with vulnerable clients. The "innovative" Paul Bowen has an excellent reputation in the sector. He has a particular interest in the rights of detainees and disabled adults and children, especially those with mental health issues. Henrietta Hill focuses on police misconduct and discrimination claims. She receives a torrent of praise from interviewees, who mention her “outstanding presence in court” and the fact that she is extremely conscientious. She recently appeared in the high-profile inquest into the death of Ian Tomlinson, representing the family of the bereaved. Kate Markus has a strong profile in the civil liberties arena, offering expertise in immigration and asylum, children, education, housing and mental health law. She also sits as a part-time employment judge. The practice of the extremely bright Alison Gerry spans inquests, prison and police law and actions on behalf of the victims of crime. “She is excellent not just on the law but also when facing up to the realities of fighting a case.” Gerry wins market approval, as does Ruth Brander, who is one to watch as “she is able and can do anything she sets her mind to.” Brander is a particular expert in public order cases but has a very wide practice. Her work spans human rights, constitutional law, prison and police law, parole hearings and inquests.

Charlotte Kilroy is singled out for her commitment to civil liberties work and the quality of her written submissions. She appeared in the noteworthy Al Rawi case and is further noted for her strength in terrorism cases. Also impressive, Aswini Weereratne is “amazingly bright and always has a steady hand on a case.” She is singled out for her expertise in mental health and healthcare matters. Azeem Suterwalla is a courageous advocate who “really pushes the boundaries.” The civil liberties work he does is primarily in the context of judicial review, and he has a strong focus on duties of local authorities to children and asylum seekers. He represented an asylum seeker in MC v Liverpool City Council, successfully overturning the local authority’s assessment of MC’s age. Caoilfhionn Gallagher specialises in prison law work with a strong human rights element. Her recent work includes acting for a number of the bereaved families in the 7/7 London bombings inquest and acting in Chindamo, a judicial review relating to a parole board refusal to expedite the case of a man convicted of a high-profile murder.

THE SET This set has a fine selection of top practitioners who really understand how civil liberties cases are put together. Its "big hitters" stand out as they have "added oomph" that few can match, according to solicitors. They are praised not just for their knowledge of the law but also for their approachability and "willingness to really push the boundaries of the law." Commended for the sheer breadth of the cases they cover, they have a "thorough understanding of human rights and equality law."

SILKS Ben Emmerson QC is "massively in demand" for human rights cases. Commentators note that he has "the ability to put together fantastic packages of ideas" and is "able to work minor miracles" with the cases before him. Tim Owen QC "is your man if you have a complex point of law and want someone who holds the court's attention." In the past year he has handled cases relating to national security and terrorism, and appeared in an appeal concerning the statutory compensation scheme for miscarriages of justice. In another important matter, he handled a case looking at the legality of life-long inclusion in the Sex Offenders' Register. Stellar performer Raza Husain QC has had a brilliant year handling cases with an immigration theme. "He has a wide-ranging knowledge of the law and puts deep thought into his arguments." Sources comment on his "fantastic" work in Saaedi, a case concerning the application of EU fundamental rights protection to transfers under the Dublin Regulation. 

Julian Knowles QC, who was appointed Queen's Counsel this year, is a valuable addition to the army of silks at the set. He has wide experience in criminal, extradition, EU and international rights law. Sam Grodzinski QC also took silk this year to the delight of market sources. Prior to his appointment, he was a favourite for the government, acting for it in Ozkan before the ECHR. This case looked at the right to education under the convention. He also acted for the Secretary of State in a case about prisoners' rights in relation to solitary confinement. The "extremely persuasive and analytical" Alex Bailin QC has a strong civil liberties practice with a criminal theme. He was involved in all three of the linked cases in Ahmed and Others v HM Treasury, which led to a significant judgment on terrorist asset-freezing regimes. Helen Mountfield QC is a "master" of human rights law. She is extremely committed to public interest work and has a particularly strong profile in discrimination and equality law where it intersects with civil liberties arguments. Many of her cases concern prisoners' rights and immigration. Commentators say that she is "really excellent, very calm in court and takes a measured approach." Also extremely highly regarded, Clare Montgomery QC is "a fantastic advocate" who is a "ball of fire" and an "unstoppable force." "Formidable and determined," she "pays extreme attention to detail" when handling cases. Colleague Karon Monaghan QC has an "unparalleled understanding of discrimination law" and displays "astonishing advocacy skills." Her practice focuses on equality and discrimination issues and related human rights work. She recently acted in a case concerning Christian parents who were refused the right to foster on the ground of their religious beliefs. She also appeared in HJ (Iran), an important case on the rights of gay asylum seekers. Aidan O'Neill QC has now become a full member of Matrix, as well as Ampersand Chambers in Scotland. Dual qualified, he is a big name in both London and Edinburgh. He is a man who amazes solicitors both with his output and his in-depth knowledge of the ECHR. Richard Hermer QC, who joins the set from Doughty Street Chambers, continues to consistently impress market sources. He is best known for human rights claims against public authorities and has also handled a number of complex public international law cases. He has acted on behalf of several Iraqis claiming mistreatment at the hands of British soldier.

JUNIORS Of the juniors, Danny Friedman stands out as a "tenacious advocate" who has an enviable public and human rights practice. He is singled out by interviewees for his excellent work for the claimants in the Baha Mousa inquiry, which considered UK detention policy in Iraq. Colleague Daniel Squires acts for both claimants and for defendants, and is a member of the Treasury B panel. Sources remain impressed by his work and say that "he is on the way to silk." He was instructed in a notable DNA retention case and has also handled a number of terrorist financial sanctions cases. David Wolfe is "fantastic" and known for his broad public law experience. Instructing solicitors appreciate the fact that he is "highly intelligent and open-minded, as well as very communicative." He mainly acts for claimants. Alison Macdonald is considered a "rising star" of the Bar and has been involved in a number of recent cutting-edge human rights cases. She has impressed sources with her work advising MPs in the suspected phone hacking case by the News of the World and with her work in a Strasbourg case about prisoners' voting rights. Jessica Simor wins plaudits due to her written work and "sound advice." She has been involved in some of the most noteworthy cases within the UK and other jurisdictions, and acted for the Equality and Human Rights Commission in the HJ (Iran) case. She has also been acting for the families of four soldiers who are bringing claims regarding the use of Snatch Land Rovers in Iraq. 

Samantha Knights has been involved in several important cases over the past year. She appeared in the test case of Saeedi and was instructed on a significant case before the court in Strasbourg relating to the detention of female juveniles in Jersey. Tessa Hetherington caught the market's eye for her work in the Baha Mousa inquiry. One interviewee comments that "she really hits the ground running." Another source says: "She is not only bright but the hardest-working counsel I have ever come across." Hetherington is recommended along with Elizabeth Prochaska, who is making waves in the market. A lawyer who "drafts beautifully," she was recently instructed for the intervener in a landmark case on how far the Human Rights Act extends to British soldiers overseas. Adam Sandell enters the rankings this year as a result of his growing practice. He has a medical background, which "gives him the edge in cases which involve disentanglement of complex medical issues." He was recently instructed in Suppiah, an immigration challenge to the lawfulness of the detention of children and families.

THE SET 11KBW has a very strong public law practice and undertakes a range of civil liberties matters, regularly going toe to toe with the best human rights sets in the business. Members act for both claimants and defendants, with many being members of the Attorney General's Panel of Counsel and others regularly working for human rights organisations.

SILKS Nigel Giffin QC is a first-class pubic lawyer and "a compelling advocate who is thorough and intelligent." He has been acting for the Secretary of State before the House of Lords in two significant cases concerning the impact of Article 2 of the ECHR on policing. These have looked at whether the police owe a duty of care in negligence when conducting investigations. Fellow silk Clive Lewis QC's advocacy skills were much commented upon by interviewees. They commented that he is an "attractive and intelligent advocate," who practises in all areas of human rights law and is first counsel to the Welsh Assembly government. One notable matter for him was the Veolia case concerning ECHR protection of confidential information.

JUNIORS Jason Coppel's appearance in a succession of notable cases has given him a high profile in the market. He represented the Secretary of State, and then the UK government in Strasbourg, in a case relating to the ban on prisoners' voting. He also handled test case Humphreys concerning social security benefits for children under the ECHR. Cecilia Ivimy is a favourite of the government and is a member of the Treasury Solicitor's A Panel. She has a broad practice covering extra-territorial application of the ECHR and Human Rights Act, anti-terrorism legislation, care homes, the duty to investigate prison suicides, and the duties owed by healthcare bodies to mental health patients. Ivimy is recommended along with fellow A Panel member Karen Steyn, who is best known for her Guantanamo-related litigation. More recently, Steyn handled a case on Afghan detainee policy. Joanne Clement is an all-round public lawyer, with a strong focus on human rights issues. Praised for her "thorough and approachable" manner, she has experience of judicial review claims in respect of prisons, immigration and asylum, mental health and social security. Also recommended is Ben Hooper, whose many appearances in the Court of Appeal and Supreme Court warrant his appearance in Chambers' tables. His recent matters include Kennedy v UK, a case looking at the legality of interception operations under the Regulation of Investigatory Powers Act 2000.

THE SET This set is known nationally for its outstanding commercial practice, but it also boasts a "top-notch" team of barristers with extensive civil liberties expertise. A number of its members have matchless knowledge of European Law and have appeared in some of the most important cases to have taken place in the ECHR. By way of example, a Brick Court team was instructed by the Russian Federation defending the largest claim for damages - USD99 billion - ever brought in the ECHR, in a challenge by YUKOS against the Russian state for alleged misappropriation. 

SILKS Richard Gordon QC is unanimously considered by those who instruct him to be "outstanding." As an illustration of his leading public law silk's practice, he acted in the landmark case of Mig and Meg in the Court of Appeal for the Official Solicitor on the rights of incapacitated persons under Article 5 of the ECHR. Fellow silk Jemima Stratford QC is similarly highly thought of, not least because of her "amazing intellect and excellent client manner." She has handled numerous cases before the ECHR and acted in a sensitive case concerning the role of the Official Solicitor in child care proceedings.

JUNIORS The set's ace in the pack among the juniors is Martin Chamberlain, who has been instructed in high-profile human rights cases such as Abu Hamza and Zagorski. Sources say: "He represents the common-sense point of view in any matter" and "knows how the other side thinks." The spotlight also shines on Maya Lester, "a fantastic junior who is brilliant on paper." She recently acted in the landmark Kadi case challenging a EU regulation freezing the assets of Mr Kadi. Marie Demetriou was instructed by the UN High Commissioner for Refugees in the case of Saeedi v Secretary of State for the Home Office. This looked at the UK’s obligations with the EU Charter for Fundamental Human Rights and whether that provides refugees with more or less protection than the ECHR.

THE SET Garden Court Chambers has a long track record of providing dedicated human rights barristers, who are committed to fighting the cause of claimants. The set houses an impressive roster of talent, of whom instructing solicitors comment: "We value their expertise and trust their advice."

SILKS "Attractive advocate" Stephen Knafler QC "presents very clearly in his advocacy, and simplifies the most complicated of cases." Mental health, community care, discrimination, immigration, prisons and education law are all areas in which he has an interest. Effective advocate Dexter Dias QC attracts considerable praise for his commitment to the development of human rights law. Main areas of focus for him include civil liberties cases with a criminal or terrorist theme. He was also leading counsel in the landmark inquest into the death of Gareth Myatt, who, at the time of his death, was the youngest child to die in custody. The "bright and hard-working" Ali Naseem Bajwa QC is "acutely aware of the fundamentally important issues to be determined in a case." Tribunals like him because "he has a clear and articulate way of presenting arguments."

JUNIORS Stephanie Harrison receives widespread acclaim for her "fantastic skills and great drive." She is at the forefront of immigration detention work, with one interviewee commenting that "her knowledge of immigration is in a class of its own." This all-rounder is also praised for her tactical good sense. "Fantastic advocate" Stephen Simblet has "a very fine brain." His civil liberties practice focuses on claims against the police and public authorities, inquests, mental health, public law and judicial review. Sources say: "He grasps the point immediately and displays outstanding dedication to his work." The "extremely resolute and determined" Nadine Finch is "very attentive to case management and alert to the needs of the client and the solicitor's agenda." Observers comment that "she is encouraging of solicitors who want to push the boundaries and challenge the law in new ways, and yet very realistic in assessing the avenues available." Edward Grieves has a strong reputation for his work in immigration detention and representation of those detained as suspected terrorists. He is a regular before the ECJ and has represented a number of groups and individuals challenging their terrorist designations on EU asset-freezing lists. Also of note, Leslie Thomas is a specialist in civil rights claims against the police and in police-related litigation generally. He also has a strong focus on inquest work. 

THE SET Although historically a more defendant-focused firm, this set has seen an increase in claimant-based work and is now viewed as a very well-balanced set. It is particularly praised for its expertise in Court of Protection and welfare cases. Clients comment that they choose this chambers because of the wide range of members on offer and the fact that they are supported by clerks who "provide a really excellent service and guarantee quality."

SILKS The well-established and widely recognised Nigel Pleming QC is a legendary advocate. He has a broad civil liberties practice which includes human rights cases with an overlap into public, education and mental health law. New silk Jenni Richards QC predominantly practises public law claims and in particular those cases involving Article 2 of the ECHR. She has substantial judicial review expertise. Clients praise her "sound judgement and excellent advice," further adding that "she is very good on complex cases when you need someone to look at things in a measured way."

JUNIORS Fenella Morris stands out for civil liberties work in the field of health and social care, and has handled numerous cases involving an NHS trust. She is praised for her high-quality written work and good oral advocacy skills in IP.

THE SET 1 Crown Office Row has a healthy civil liberties practice that sees it acting for both claimants and defendants on a range of civil liberties issues. These include immigration/asylum law, mental health, environmental and planning matters, to name but a few. The chambers plays host to a number of "solid practitioners who know their stuff."

SILKS Head of chambers Philip Havers QC is a "top-drawer silk" with an amazing breadth of experience. He recently acted in a High Court civil claim under Article 2 of the Convention, concerning the death of a woman in a psychiatric hospital. Also highly regarded in the market is Angus McCullough QC who undertakes a mix of work for and against the government. He also acts as a special advocate in national security cases and is no stranger to high profile cases such as Al Rawi, which concerned claims by Guantanamo detainees. He also led in a significant challenge to the government's policy of combating forced marriages by raising the marriage visa age to 21.

JUNIORS The "prominent" Jeremy Hyam has particular expertise in health and social care, and its intersection with human rights law. He is also a favourite for Court of Protection work. Shaheen Rahman is singled out for her expertise in prisoner healthcare cases. Recent matters for her include a case alleging breaches under the Human Rights and Disability Discrimination Act alleging failure to provide for a deaf prisoner. She also appeared as a special advocate in a control order case.

THE SET Civil liberties and human rights law is the linchpin of Tooks Chambers and cut across all their practice areas, including immigration, health care, terrorism, prison and police law. The set predominantly acts for claimants and, according to commentators, "can be proud of its efforts," as its commitment to its clients is second to none.

SILKS Figurehead Michael Mansfield QC is an "icon" of the chambers and a standout practitioner. He has a wealth of experience in the area but is singled out for work handling criminal cases with a human rights angle to them. He is currently a member of the jury panel on the Russell tribunal inquiry into the legal ramifications of Israel's human rights and humanitarian law violations in Palestine. He has full market approval alongside stablemate Hugh Southey QC, who has gone from strength to strength since taking silk. Southey handles a range of police, prison and immigration claims. Sources say of him that "he has a creative mind and will find a new angle remarkably quickly." He was instructed in the landmark case, which challenged the ban to prisoner voting.

JUNIORS Amanda Weston is recommended for her commitment to producing work of the highest standard. She has "a blend of experience in community care and immigration work which is particularly useful," say instructing solicitors, who further comment on her brilliance in cases concerning mental incapacity and unlawful detention. She was involved in the high-profile Abu Hamza case. Adam Straw is coming up through the ranks and is praised for the quality of his inquests, police and prison claims work. One interviewee says of him: "I have never come across someone this bright at this level of call." He successfully represented a prisoner in a judicial review alleging that he was unlawfully discriminated against in prison, through failure to support his learning disability. Another exceptional young talent is Jude Bunting. "A star in the making," he is particularly well known for his "fabulous preparation." He acted in R (Alcock) v Parole Board, a case looking at a prisoner with a life sentence who suffered a significant delay to his parole board hearing.