Conor McCarthy

Conor has a developing practice in the area of judicial review and administrative law, in particular in relation to cases giving rise to questions of public international law. In addition, he regularly advises on the merits of judicial review. He has advised on issues ranging  from the merits of decisions by the Secretary of State for the Home Department under the point-based system to a refusal by the Secretary of State for Justice to award compensation in respect a conviction found to have been unsafe by the Court of Appeal. He has also been instructed in cases including:

• R (On the application of Catt) v. Association of Chief Police Officers and Commissioner of Police for the Metropolis (Court of Appeal, Civil Division), (Led by Martin Westgate QC), intervention on behalf of Liberty: Judicial review of decision to retain information on national extremism database, in reliance on Article 8, ECHR.                                
• Jones v DPP and Secretary of State for the Home Department (High Court, Administrative Division) (led by Ben Cooper): Judicial review of the refusal of the DPP to prosecute the Claimant for crimes of  drug trafficking over which both the United States and United Kingdom both have concurrent jurisdiction.
• Barbar Ahmad v Attorney General, Director of Public Prosecutions and Secretary of State for the Home Department (High Court, Administrative Division): (Led by Phillippa Kaufmann QC and Ben Cooper): Judicial review of the refusal of the Attorney General to consent to the private prosecution of the Claimant in the United Kingdom.

• R (On the application of Catt) v. Association of Chief Police Officers and Commissioner of Police for the Metropolis (Court of Appeal, Civil Division), (Led by Martin Westgate QC), intervention on behalf of Liberty: Judicial review of decision to retain information on national extremism database in reliance on Article 8, ECHR.
• Advice to national media group in connection with the Leveson Inquiry: Culture, Practices and Ethics of the Press (with Gavin Millar QC).

Prior to starting at the bar Conor worked for the Northern Ireland Human Rights Commission, in which capacity he undertook significant work in the field of community care, in particular in respect of the rights of persons with disabilities and those in long-term residential accommodation. He also has experience in the field of asylum support. Recent cases in which Conor has been instructed include:

• Judicial review of the failure of a local authority to provide adequate support in respect of the assessed eligible needs of a disabled woman and failure to assess whether he son was a “child in need”.
• Damages claim in negligence and under the Human Rights Act 1998 against social services.

Conor has a growing practice in the field of immigration asylum and nationality law in particular in relation to cases raising difficult questions of EU or public international law, including statelessness. He appears before the Upper Tribunal, First Tier Tribunal and regularly advises on the merits of judicial review. His work includes:

• N. v the United Kingdom, (European Court of Human Rights), (led by Judith Farby QC), Intervention on behalf of Human Rights Watch on scope of Article 3 ECHR.
• Mocka v Secretary of State for the Home Department (Upper Tribunal): Raising question as to the definition of “self-employment” and “employment” under European Union Law.
• RD v Secretary of State for the Home Department (Upper Tribunal): Complex case under the European freedom of movement law giving rise to issues including, inter alia, the consideration which must be afforded to the best interests of children under the Citizen’s Directive.
• Laquinoto v Secretary of State for the Home Department Successful appeal by Italian national under the Immigration (EEA Regulations) 2006, despite conviction and 18 month sentence for supply of Class A drugs.
• Green v Secretary of State for the Home Department, (Upper Tribunal): Appeal against deportation of Jamaican national against whom serious allegations of involvement in gang-related crimes made by police, following him conviction for supply of Class A drugs.

Prior to undertaking pupillage Conor worked at the Northern Ireland Human Rights Commission, in which capacity he prepared reports and submissions to government on behalf of the Commission on issues including the rights of vulnerable adults and issues connected with the rights of persons with disabilities. He is prepared a substantial report for the Federation of Small Business (Northern Ireland) on the implications of the equality reforms for the small business sector in Northern Ireland. This report was submitted to the UK government as part of the legislative consultation process.

Conor advises on the international law obligations of corporations or individuals, in particular in consequence of obligations imposed by the UN Security Council or arising from the implementation of obligations arising international human rights law, international criminal law and international humanitarian law.

Conor has a good deal of expertise and experience in international law, including private international law,

Conor has acted as an expert consultant on questions of international law to a range of international organizations and NGOs including the United Nations, the International Criminal Court, the British Institute of International and Comparative Law and Interights.

• Expert Consultant, United Nations Office of Drugs and Crime: Drafting extensive report on issues of human rights arising in context of counter-terrorism operations.
• Expert Consultant, International Criminal Court: Providing advice and analysis with regard to issues that may be faced in implementing the reparations mandate of the Court.
• Expert Consultant, British Institute of International and Comparative Law: external expert consultant on a donor-funded project concerning remedies for victims of violations of international law causing harm to education.
• Consultant, Interights: Along with Professor James Crawford SC, I prepared a substantial expert report on matters of public international law in support of pending litigation before the European Court of Human Rights in the case of  Baltasar Garzón v Spain.
• Consultant, Interights: prepared a report on international law and practice relating to judicial independence and judicial immunities.

He has acted or advised in connectionwith the following matters:            

• Gough v. United Kingdom, ECtHR
• Zubaydah v. Lithuania, ECtHR
• Garzon v. Spain, ECtHR
• UN International Criminal Tribunal for Rwanda, P. v. Bikindi, Defence Associate – prosecution of a Rwandan musician on charges of incitement to genocide.
• Special Court for Sierra Leone, P. v. Gbao (RUF Case), Defence Associate – prosecution of security commander in the Sierra Leonean rebel group the RUF.