Andrew Nicol QC

Andrew Nicol's diverse practice focuses on human rights work, public law (especially immigration) and media law. His immigration cases have included House of Lords' decisions on non-state agents of ill-treatment (Bagdanavicius), conscientious objectors (Sepet) and the meaning of persecution (Sivakumar) as well as numerous leading authorities in the Court of Appeal and the Administrative Court. He has chaired the Immigration Law Practitioners' Association and wrote a history of immigration and nationality (Subjects, Citizens Aliens and Others). He has acted as a special advocate in national security cases in the Special Immigration Appeals Commission including the derogation appeal against the 2001 Anti-Terrorism Act, the deportation case of MK and the lead case on whether political opponents of the Qadafi regime can safely be returned to Libya (DD) and whether assurances by the Algerian government can be relied upon (U and RB). He has also acted as a Special Advocate in cases in the High Court the Court of Appeal (e.g. B v Secretary of State for Transport concerning a challenge to a refusal of security clearance) and in the successful 2007 appeal to the Proscribed Organisations Appeal Commission by sympathisers of an Iranian opposition group.

He acts mainly (but not exclusively) for media clients across the span of their work. He appeared in the Privy Council for one editor facing a charge of criminal libel (Worme) and for another who had been charged with contempt (Independent Publishing Company). He represented the Telegraph when it was sued by Lord Ashdown for infringement of copyright and the Guardian when it was prosecuted for contempt. He has represented media groups opposed to court reporting bans, production orders and applications for disclosure of journalistic sources. He and Geoffrey Robertson are the authors of Media Law (Sweet and Maxwell 2007 and Penguin) and he and Gavin Millar contributed to Media Law and Human Rights (Blackstone 2001). His advice work has included access to information of various kinds, data protection, the Official Secrets Acts, the regulation of broadcasters and title to copyright works. He has been used by the Council of Europe, the World Association of Newspapers and the Commission of the European Union as an expert on media law and human rights.

His other work covers a broad range. Cases in the House of Lords include the consequences of a 'leapfrog' appeal direct to the House of Lords (Jones v Ceredigion), liability of the police in negligence to victims and witnesses (Brooks), entitlement to disability living allowance (M) and fairness in the enforcement of criminal confiscation orders (Norris), while those in the Privy Council include jury directions on provocation (Paria), effect of delay (Flowers), challenging refusal of mercy (Lewis) and the effect of prison conditions (Higgs and Mitchell) and vicarious liability for tortuous acts (Inez Brown). In the Court of Appeal he has appeared in cases involving discrimination (Farah, Rovenska and Janet Alder), forgery (Ondhia), admissibility of previous convictions (Hanson), housing (Ekpo-Wedderman), a duty to hold a public inquiry into an attempted suicide in prison (D v SSHD) and the Local Government Ombudsman (Maxhuni) amongst many others. He appeared for an applicant in the Information Tribunal who successfully challenged the Home Secretary's certificate relating to MI5 (Baker) and for both applicants and interveners in various cases in the European Court of Human Rights. He has also represented clients in the courts of the Isle of Man and Trinidad and Tobago.

He is a Recorder of the Crown Court, authorised to sit as a Deputy Judge of the High Court (Administrative Court) and a Bencher of Middle Temple.

last updated December 2007

Year of Call

1978

Queen's Counsel

1995

Education

BA (Hons) First Class, LLB First Class, LLM (Harv), Harkness Fellow 1973-76

Email Address

a.nicol@doughtystreet.co.uk

Specialist Teams

Andrew Nicol QC is a member of the following specialist law teams:

• Education
• Extradition
• Human Rights
• Immigration
• International Law Group
• Media and Defamation
• Public and Administrative Law