Martin Westgate QC

Overview

Martin Westgate has a consistent track record of advice and representation in a wide range of subject areas although he concentrates on public and administrative law, housing and social care, and employment. Much of his work is in, and on appeal from, the Administrative Court and he is experienced in professional negligence and costs litigation, particularly in cases related to his main practice areas. His broad based practice makes him an ideal choice for cases that have a multidisciplinary aspect or that are difficult to categorise.

In the 2011 Edition of Chambers and Partners Martin is ranked as leading counsel in the areas of Administrative and Public Law, Civil Liberties, Social Housing and Local Government. Martin is described as "outstanding and tenacious" with a "sharp intellect and accessible client manner." Instructing solicitors are able to "turn to him for the most complex cases where heavyweight intellectual input is required."

His record since taking silk in 2010 continues to demonstrate his range and versatility. He has appeared in a number of leading cases (see below) at all levels up to and including the Supreme Court.

Martin is qualified to undertake direct access work. He has been trained as a mediator with CEDR and undertakes and represents in mediations.

Public and administrative law

This is a core part of Martin's practice. He also lectures regularly on the topic and is co-author (with Kate Markus) of public law updates for the Legal Action Group bulletin. He is a member of the executive committee of the Administrative Law Bar Association. His recent cases include:

KM (Jamaica) and WL (Congo) v Secretary of State for the Home Department [2011] 2 WLR 671. Landmark case on administrative detention decided by a 9 judge Supreme Court establishing that a public law error that bears on the decision to detain renders it unlawful. Martin acted for KM and undertook the argument on behalf of the Appellants in relation to damages.

R (Castle and others) v Metropolitan Police Commissioner [2011] EWHC 2317 (Admin) - establishing that the chief officer of police owes a duty under the Children Act 2004 to ensure that due regard is given to the welfare of children.

R (BP) v SSHD [2011] EWCA Civ 276; [2011] C.P. Rep 30 - power of the Administrative Court to deal with a case without a hearing.

R (Tait) v CICAP [2009] EWHC 767 (Admin); [2010] R.T.R 6 - Use of car as a weapon under the criminal injuries compensation scheme.

R (Roberts) v Parole Board [2008] EWHC 2714; [2009] Prison LR - fairness in parole board proceedings. Closed hearings and special advocates.

R (IPCC) v Assistant Commissioner Hayman [2008] EWHC 2191 (Admin) - burden of proof in police disciplinary proceedings.

He is acting for a number of colleges in disputes with the Home Office over points-based sponsorship.

Employment and pensions

Martin acts in a wide employment and related disputes, particularly in the public sector where is often instructed in employment disputes with a public law element. His clients have included senior civil service and health service employees and MPs. He also acts for and advises unions on their internal rules and election procedures and in relation to collective action. He has particular specialism in police and civil service terms and conditions including pensions.

His recent cases include:

R (Rennie) v Home Secretary [2009] EWHC 488 (Admin); successful challenge to the failure of the Home Secretary to uprate police pensions in accordance with actuarial tables.

Staff Side of the Police Negotiating Board v Secretary of State for the Home Department [2008] EWHC 1173 (Admin); challenge to the decision of the Home Secretary knot to accept a police negotiating board recommendation regarding police pay.

R (Hodgson) v Chief Constable of South Wales Police [2008] EWHC 1183 amenability to judicial review - compulsory retirement of police officers.

Police pensions cases:

R (Pollard) v PMAB [2009] EWHC 403 (Admin)

Merseyside Police Authority v PMAB [2009] EWHC 88 (Admin)

R (Ashton) v PMAB [2008] EWHC 1833 (Admin) [2009 I.C.R. 51

Housing

Martin has a long track record in all aspects of housing work. His recent cases include:

R (CPAG) v Secretary of State for Work and Pensions [judgment pending] - a challenge to the decision of the Secretary of State to introduce national caps on the amounts of housing benefit payable. Martin is acting pro bono for the CPAG.

Crown Estates Commissioners v Governors of the Peabody Trust [2011] EWHC 1467 (Ch) - whether protected crown tenants become secure or assured on transfer of the landlords interest to a private body. Martin was instructed on behalf of the tenants.

Martin acted for the protester Brian Haw in his successful appeal against the Mayor of London's action for possession against him of Parliament Square Gardens [2010] EWCA Civ 817. He also acted on the remitted hearing .

Dixon v Rochdale MBC Court of Appeal - judgment pending - Power of a local authority to seek possession for non payment of water rates.

R (Longato) v Camberwell Green MC [2009] EWHC 691 (Admin) - procedure for extension of a closure order.

British Waterways Board v Paul Davies [REF] Bristol County Court - the meaning of continuous navigation for the purposes of a liveaboard houseboat.

Holmes v South Yorkshire Police Authority [2008] HLR 33 - meaning of secure tenancy.

Community care/best interests

Martin has an active community care practice. He acted for the father baby RB in his opposition to the application by the NHS Trust to withdraw life sustaining treatment [2009] EWHC 3269 (Fam), [2010] 1 FLR 946. Other recent cases include:

In G v E [2010] EWCA Civ 822 he acted for the appellants in a case defining the relationship between deprivation of liberty under the best interests jurisdiction in the Mental Capacity Act 2005 and Article 5 ECHR.

R (Kiana) v SSHD [2010] EWHC 1002 (Admin); [2011] EWCA Civ 671 - scope of the powers of the Secretary of state to provide support to failed asylum seekers when they are in a mixed household with a person who is not an asylum seeker and so entitled to mainstream benefits.

R (Binomugisha) v LB Southwark [2006] EWHC 2254 (Admin) - duty on the part of the local authority to continue to accommodate a failed asylum seeker under the Children Act 1989.

Human Rights

Human Rights arguments feature across the whole spectrum of Martin's work. His recent cases have dealt with issues as diverse as the right to life (RB and AP), right to home and family life (see e.g. Binomugisha, Kiana, Peabody, Tier 4 sponsorship cases - above), private life (Wood), freedom from arbitrary detention (e.g. WL, G v E), rights to protest and free speech (Haw, Castle) rights to property and possessions (Tier 4 cases above). His recent cases under this head not already highlighted above:

R (AP) V HM Coroner for Worcestershire [2011] EWHC 1453 (Admin) - investigative duty where a vulnerable young man was attacked and killed after having complained about his attacker to the police.

R (Wood) v Commissioner of Police for the Metropolis [2009] EWCA Civ 414; [2010] 1 WLR 123 - whether the taking and retention by the police of photographs of a protester engages Article 8 and the proportionality of their retention.

Sparrow v HM Coroner for East Somerset [2006] EWHC 2718 (Admin); [2006] Inquest LR 194. Application to re-open an inquest into the death of a judge on the basis of new evidence.

Costs

Most of Martin's costs work arises from his substantive practice areas but he is not confined to this. He acted for one of the successful Appellants in Matthews/Roach v The Home Office [2009] EWHC 312 (QB); [2010] QC 256 establishing that costs incurred in the course of an inquest were recoverable in subsequent civil proceedings. He has represented a number of claimants in cases concerning the costs of incidental proceedings (Wilton v YJB [2010] EWHC 90188 (Costs). He has advised on a range of costs issues including the validity of conditional fee arrangements, recovery of insurance premiums and referral arrangements and disputes relating to legal aid and contracting. He acted for the claimants in R (CMX) & ors v (1) Legal Services Commission (2) Home Secretary [2010] EWHC 1896 (Admin) - a challenge to the decision of the LSC to withdraw a legal services contract from Refugee Migrant Justice after it went into receivership and R (Southall Rights) v Legal Services Commission (challenge to the decision of the LSC not to award a contract following the 2010 tender exercise). He has also been instructed in several cases resisting re-payment to the LSC of sums paid on account. He is a member of the Bar Council Civil Legal aid sub-committee.

Other cases include:

R (Taylor) v Commissioner of Police [2009] EWHC 264 (Admin) - power to award costs on an application for a closure order.

Truex v Kitchin [2007] EWCA (Civ) 618 [2007] P.N.L.R. 33 - professional negligence claim - duty of solicitor to advise on availability of legal aid.

International - Appeals to the Privy Council

Martin advises and represents in a range of issues concerning the law of other jurisdictions - principally those with a right of appeal to the Privy Council. His work in this field has included advice on the powers of the Governor of Gibraltar to dispose of land, the application of state immunity in Gibraltar, compulsory purchase in Antigua (HMB Holdings v Antigua [2007] UKPC 37), environmental law in (Belize Alliance of Conservation NGOs v Department of the Environment of Belize [2004] UPKC 6; [2004] Env LR 38) and advice on whether forced evictions in Zimbabwe were a crime against humanity.

Year of Call

1985

Queen's Counsel

2010

Education

BA (Hons) Jurisprudence First Class, University College Open Scholar, Middle Temple Astbury Scholar

Email Address

m.westgate@doughtystreet.co.uk

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Specialist Teams

Member :

• Community Care & Health
• Employment and Discrimination
• Housing and Social Welfare
• Human Rights
• International Law Group
• Prisoner's Rights
• Public and Administrative Law