Overview Edward Fitzgerald, Legal Aid Lawyer of the year in 2009, the winner of the Silk of the Year award in 2005 and Times Justice Human Rights Award in 1998, specialises in criminal law, public law and international human rights law. In June 2008 he was awarded the CBE for services to human rights. As a criminal practitioner he has featured in many of the leading cases involving extradition, appeals against miscarriages of justice, and international law. He also frequently appears in the Privy Council in cases involving the constitutions of the Commonwealth, Caribbean, death penalty appeals and extradition. Edward has been called to the Bar in numerous jurisdictions including Belize, Grenada and St Vincent and has been granted rights of audience to appear in cases in Hong Kong, Trinidad and Tobago, St Lucia, Bahamas and the British Virgin Islands. What the directories say
In the 2011 edition of Chambers and Partners Edward was listed as a leading silk in Public and Administrative law, Crime, Criminal Extradition and received a star ranking for work his in Civil Liberties. Clients say Edward is a "human rights genius who is a joy to work with". He has a very eclectic practice taking in international human rights law, criminal law and public law generally. Commentators note that he "Enjoys the full confidence of judges as they are all familiar with him and now he has nothing left to prove."
'Edward Fitzgerald QC is "top-class and a guarantee of excellence". Solicitors note that he has "a huge knowledge base and great attention to detail." He is also known for applying the "utmost dedication" to his cases.'
Commentators also said when a case "requires something extra," instructing solicitors go for Edward Fitzgerald QC, the set's leading player for both general crime and extradition. Recent extradition cases for him include Serbia v Ganic, which concerned a former member of the Bosnian presidency fighting extradition to Serbia. One particularly impressed source highlighted Fitzgerald's "unrivalled ability in the Court of Appeal when it comes to delivering forceful and complex arguments in a committed and skilled manner." Edward is also consistently ranking in Legal 500 for his work in Administrative and Public Law, Crime and Human Rights. Legal 500 said 'a true intellectual giant - a top-class extradition and appellate lawyer '
Recent cases in the field of extradition include - Filipek Kwansky v Poland - Supreme Court case dealing with Article 8 issues.
- Lukaszewski and Pomiechowski v Poland - In the Supreme Court
- Serbia v Ganic - Ongoing extradition case of a former member of Bosnian presidency, fighting extradition to Serbia.
- Rwanda v Ugirashebuja and Ors [2009] - The successful appeal of Mr Ugirashebuja who is wanted in Rwanda for genocide. The appeal has now been heard and awaiting judgment.
- Spain v Jose Ignacio de Juana Chaos [2008] - Defendant fighting his extradition to Spain.
- United States of America v Stanley Tollman [2008] EWHC 184 (Admin) Successful ruling against the extradition of Stanley Tollman on grounds of oppression before the District Judge following the remittal of the case from the High Court.
- Federal Republic of Germany v Roisin McAliskey - The successful appeal against extradition to Germany on terrorist charges of Roisin McAliskey, the daughter of Bernadette McAliskey, a case heard in Belfast.
- R (On behalf of Lotfi Raissi) v SSHD [2008] EWCA Civ 72. Successful challenge to the Secretary of State's decision to refuse compensation to Lotfi Raissi, the Algerian pilot wrongly accused of participation in 9/11 plot and sought by the United States of America for extradition.
- The case of Jamil El Banna and Omar Deghayes which resulted in Spanish judge abandoning his request for extradition of two defendants returned from Guantanamo Bay.
Recent notable cases have included - Appeal against sentence in Cannonier, Isaac, Gardiner and Williams v The Queen, heard in the Eastern Caribbean Court of Appeal, in which Mr Fitzgerald represented all appellants was allowed on 22nd March 2012.
- Re AP (2010) UKSC 26 (recently won control order case)
- R v Chaytor and Others (2010) UKSC 52 (MPs parliamentary privilege case)
- SSHD v Hamza SIAC SC/23/2003 (recently won nationality issue case)
- HKSAR - Wong Hung Ki -Successful abuse of process appeal in the Court of Appeal of Hong Kong.
- Samantha Orobator v SSHD, successful challenge to a life imprisonment sentence imposed by the Laos.
- The Ghurkas' test case successful challenge to the Secretary of State's refusal of their right to settle in the UK.
- The successful challenge to the Control Order regime in the case in the House of Lords (SSHD v MB) [2007] 3 WLR 681.
- The successful appeals against deportation to Lybia of AS and DD [2008] EWCA Civ 289.
- The successful appeal of Mr Othman (Abu Qatada) [2008] EWCA Civ 290 against his deportation to Jordan. The case is currently pending in the ECHR.
Edward Fitzgerald has won numerous important appeals in the House of Lords and the Privy Council establishing rights for life sentence prisoners and prisoners on death row, including - SSHD ex p Anderson [2003] AC 837
- Reyes v The Queen [2002] 2 AC 235
- R v Matthew [2005] 1 AC 433
- R v Greene Browne [2000] 1 AC 45
Important criminal appeals have included successful appeals - R v Coutts [2006] 1WLR 3154
- The Bridgewater Three appeal
- Bentley appeal
- Michael Stone appeal
He argued the case of Simms and O'Brien in the House of Lords, establishing prisoners' rights of access to the media to complain about miscarriages of justice. Edward Fitzgerald has recently been involved in the case of Young Vui Kong v DPP in Singapore, challenging mandatory death penalty. He has also appeared frequently in the European Court of Human Rights in cases such as - Venables and Thompson v UK
- Stafford v UK
- Johnson v UK
- Singh & Hussain v UK
- Scott v Spain
- Portington v Greece
- Steele and Others v UK
- Represented the applicants Mitchell and Jones in the case of Jones and Others v Saudi Arabia in the House of Lords and is conducting their appeal to the European Court of Human Rights
- Mangouras v Spain, recently heard in the Grand Chamber
Seminars/Lectures Edward gives various lectures and seminars and provides sentencing training to lawyers in the Caribbean. Edward's Research Assistant Mia Hakl-Law can be contacted on m.hakl-law@doughtystreet.co.uk
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Year of Call
1978
Queen's Counsel
1995
Education
BA (Hons) Congratulatory First, MPhil Criminology, qualified in New York and American Law
Email Address
e.fitzgerald@doughtystreet.co.uk
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